RENEW WIND ENERGY (RAJKOT) PRIVATE LIMITED,DELHI vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE 19(1), DELHI
What did the Tribunal hold?
The Tribunal held that the assessment orders were barred by limitation as per Section 153 read with Section 144C of the Act, following the Madras High Court's judgment and coordinate bench decisions. The impugned orders were quashed.
What were the facts?
The assessee contended that the final assessment orders were time-barred as they were passed beyond the period prescribed under Section 153 read with Section 144C of the Income Tax Act. The revenue argued that the issue of limitation was pending before the Supreme Court and sought deferral.
What were the issues?
Whether the final assessment orders were passed within the time limits prescribed by Section 153 read with Section 144C of the Income Tax Act.
Which sections of the Income-tax Act were involved?
Section 153,Section 144C,Section 143(3),Section 144C(13),Section 144B
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Cases cited in this judgment(14)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- 21. In SB Gurbaksh Singh v. Union of India318 citing37 STC 425 · 2007
- 267 citing
- CIT v. Godavari Devi Saraf235 citing113 ITR 589 · 1978 · HC
- (i) Sultana Begum v. Prem Chand Jain187 citing1 SCC 373 · 1997
- State of Punjab v. Bhatinda District Coop. Milk Producers Union Ltd.140 citing11 SCC 363 · 2007
- (ii) CIT v. Hindustan Bulk Carriers131 citing3 SCC 57 · 2003
- CIT v. S. Teja Singh129 citing35 ITR 408 · 1959 · SC · Read judgment
- R.S. Raghunath v. State of Karnataka128 citing1 SCC 335 · 1992
- (ii) Govt. of India v. Citedal Fine Pharmaceuticals116 citing3 SCC 483 · 1989
- 99 citing
- Bharat Steel Tubes Ltd. v. State of Haryana98 citing3 SCC 478 · 1988
- 2021 SCC OnLine SC 8896 citing2021 SCC OnLine SC 88 · 2021
- Tej International Pvt Ltd. v. DCIT (90 citing69 TTJ 650 · 2000 · ITAT
- Tej International Pvt Ltd. v. DCIT64 citing118 Taxmann 59 · 2001 · HC
Income Tax Appellate Tribunal, DELHI
PER YOGESH KUMAR, U.S. JM: The captioned appeals are filed by the Assessees challenging the respective Final Assessment Orders passed u/s 143(3) r.w.s. 144C(13)
r.w. Section 144B of the Income Tax Act, 1961 (the Act in short) dated
18/07/2024and 26/07/2024 pertaining to A.Y 2020-21. 2. The Assessees have raised Ground No. 2 contending that the
The order continues below.
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