COMMISSIONER OF INCOME TAX vs. SENIOR BUILDERS LTD

PDF · subscribers
ITA - 1200 / 2010HC Delhi20 August 20101 pages
For Petitioner: SONIA MATHUR
AI SummaryRemanded

What did the High Court hold?

The High Court admitted the appeal on two substantial questions of law. The first question concerns the correct computation of the time period to be excluded under sub-clause (i) of the Explanation to Section 153B of the Income Tax Act, 1961. The second question pertains to whether the period allowed for conducting a special audit under Section 142(2A) should be excluded when calculating the limitation period under Section 153B. The Court issued notice to the respondent. No findings or decisions on these issues were made in the provided extract, as it only pertains to the admission of the appeal and framing of the substantial questions of law.

What were the facts?

The Commissioner of Income Tax (Appellant) filed an appeal under Section 260A of the Income Tax Act, 1961, against an order passed by the Income Tax Appellate Tribunal (ITAT). The appeal was admitted on two substantial questions of law concerning the computation of the time period to be excluded under Section 153B of the Act. Specifically, the appeal challenges whether the Tribunal correctly computed the exclusion period under sub-clause (i) of the Explanation to Section 153B and whether the period allowed for a special audit under Section 142(2A) was liable to be excluded for computing the limitation under Section 153B. The respondent, Senior Builders Ltd., was represented by no one. The High Court issued notice.

What were the issues?

1. Whether the Tribunal has correctly computed the time period to be excluded under sub-clause (i) of Explanation to Section 153B of the Act? 2. Whether on the facts of the present case, the period allowed to carry out the special audit under Section 142(2A) was liable to be excluded for the purpose of computing limitation under Section 153B of the Act? Assessee's Contentions: The judgment does not record any contentions made by the assessee (Respondent). Revenue's Contentions: The Appellant (Commissioner of Income Tax) contends that the Tribunal erred in its computation of the exclusion period under Section 153B(i) and in not excluding the period of special audit under Section 142(2A) for the purpose of computing the limitation period under Section 153B.

Which sections of the Income-tax Act were involved?

Section 260A,Section 153B,Section 142(2A)

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF DELHI AT NEW DELHI . ITA 1200/2010 . COMMISSIONER OF INCOME TAX ..... Appellant Through: Ms. Sonia Mathur, Advocate. . versus . SENIOR BUILDERS LTD ..... Respondent Through: None. . CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE MANMOHAN . O R D E R 20.08.2010 CM No. 14510/2010 (exemption) Allowed, subject to all just exceptions. Accordingly, application stands disposed of. ITA 1200/2010 The present appeal preferred under Section 260A of the Income Tax Act, 1961 (in short ?Act?) is admitted on the following substantial questions of law:- 1. Whether the tribunal has correctly computed the time period to be excluded under sub-clause (i) of Explanation to Section 153B of the Act? . ITA 1200/2010 page 1 of 2. . 2. Whether on the facts of the present case, period allowed to carry out the special audit under Section 142 (2A) was liable to be excluded for the purpose of computing limitation under Section 153B of Act? . Issue notice. . CHIEF JUSTICE . . MANMOHAN, J . AUGUST 20, 2010 js . . . . . . . . . . . . . . . . . . . . . . . ITA 1200/2010 page 2 of 2. . 6 $

More judgments on Section 153B

All 671 judgments and leading authorities on Section 153B →

Recent GST High Court judgments

Search GST case law →