SHAREKHAN LIMITED,MUMBAI vs. DCIT, CIRLCE 15(3)(2), MUMBAI
What were the facts?
The assessee appealed against an order that partly allowed their appeal, sustaining disallowances under Section 14A and on lease provision. A key issue was whether the consequential assessment order passed by the AO after a Tribunal remand was time-barred.
What did the Tribunal hold?
The Tribunal held that the AO's jurisdiction to make a fresh assessment after a remand order is subject to time limitations prescribed under Section 153(3). The case was remanded to the AO to verify the exact date of receipt of the Tribunal's order to determine if the assessment was indeed time-barred.
What were the issues?
The primary issue was whether the assessment order passed by the AO giving effect to the Tribunal's remand order was passed within the time limit prescribed under Section 153(3) of the Income Tax Act.
Which sections of the Income-tax Act were involved?
Section 14A,Section 250,Section 143(3),Section 254,Section 153(3)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCHES, MUMBAI
Before: HON’BLENARENDER KUMAR CHOUDHRY & HON’BLE PRABHASH SHANKAR
PER BENCH:
These appeals have been preferred by the Assessee against the order dated 23.03.2026, impugned herein, passed by the National Faceless Appeal Centre/Ld. Commissioner of Income Tax (Appeals) (in short, “Ld. Commissioner”) u/s 250 of the Income Tax Act, 1961 (in short, “the Act”), for the A.Y. 2010-11. 2. As identical issues are involved in these appeals, the same were heard together and are b
The order continues below.
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