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Facts
The assessee's appeal for Assessment Year 2010-11 arises against an order of the CIT(A)/NFAC. The appeal concerns an assessment framed under section 147 of the Income Tax Act, 1961.
Held
The tribunal noted that the assessment was framed under section 147 r.w.s. 254 r.w.s. 144B, and the tribunal's earlier bench had restored the matter. The assessment framed on 18.03.2024 was found to be time-barred as per the statutory limitation of 12 months from the end of the financial year under section 153(3) r.w. Proviso.
Key Issues
Validity of the assessment framed under section 147 r.w.s. 254 r.w.s. 144B and whether it was time-barred.
Sections Cited
147, 254, 144B, 153(3)
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Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
ORDER This assessee’s appeal for Assessment Year 2010-11 arises against the CIT(A)/NFAC, Delhi’s DIN & order No. ITBA/NFAC/S/250/2025-26/1079692656(1) dated 18.08.2025, in proceedings u/s 147 of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties at length. Case file perused.
It transpires during the course of hearing that there arises the first and foremost issue of validity of the impugned section 147 r.w.s. 254 r.w.s. 144B assessment framed by the learned assessing authority on 18.03.2024. This is for the precise reason that the tribunal’s earlier learned co-ordinate bench had restored the matter vide remand directions on 11.02.2022.
Bhim Singh 4. Faced with this situation, the Revenue could hardly dispute that going by the statutory limitation in such remand directions involving time limit of 12 months from the end of the financial year thereof u/s 153(3) r.w. Proviso, the learned Assessing Officer’s assessment framed on 18.03.2024 happens to be a time barred one. Quashed accordingly.
All other pleadings between the parties stand rendered academic.