EVERSUB INDIA PRIVATE LTD. (FORMELY AS ' SUBWAY SYSTEMS INDIA PRIVATE LTD. ,HARYANA vs. DCIT CIRCLE 22(2), DELHI
Facts
The assessee appealed against final assessment orders passed under Section 143(3) r.w.s. 144C(13) and Section 144B of the Income Tax Act, 1961. The assessee's primary contention was that these orders were passed beyond the statutory time limit prescribed under Section 153(1) and 153(4) of the Act.
Held
The Tribunal held that the provisions of Section 144C and Section 153 are not mutually exclusive but are mutually inclusive, and the period of limitation prescribed under Section 153 is applicable to matters remanded back. The final assessment orders were found to be barred by limitation as per Section 153 r.w. Section 144C of the Act.
Key Issues
Whether the final assessment orders passed by the Assessing Officer were barred by limitation under Section 153 read with Section 144C of the Income Tax Act, 1961.
Sections Cited
143(3), 144C(13), 144B, 153(1), 153(4), 158AB, 260A, 253
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI
Before: YOGESH KUMAR U.S. & SHRI MANISH AGARWAL
per Section 153 r.w. Section 144C of the Act. Accordingly, the
impugned Final Assessment Ordersare hereby quashed.
Since above issue of Limitation is pending adjudication before
the Hon'ble Supreme Court in case of Shelf Drilling Ron Tappmeyer
Ltd. (supra) and to be reached finality by the Larger Bench of the
25 ITA Nos. 548 & 782/Del/2022 Eversub India Pvt. Ltd. Vs. DCIT
Hon'ble Supreme Court, we grant liberty to the parties to get the
present Appeal revived for adjudication of the other issues on merits if
the decision of the Hon'ble Supreme Court on this issue necessitates
modification of this order. Accordingly, we dispose-off the captioned
appeal on the limited legal issue of limitation with liberty as
mentioned above to the parties and keep open other issues raised by
the Assessee on merits, subject to the outcome of the Judgment of the
larger bench of the Hon’ble Supreme Court in the case of Shelf Drilling
Ron Tappmeyer Ltd. (supra).
In the result, appeals of the Assessee are allowed.
Order pronounced in the open court on 28th January, 2026
Sd/- Sd/- (MANISH AGARWAL) (YOGESH KUMAR U.S.) ACCOUNTANT MEMBER JUDICIAL MEMBER Date:- 28 .01.2026 ReshmaNaheed, Sr.P.S Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT
ASSISTANT REGISTRAR ITAT, NEW DELHI
26 ITA Nos. 548 & 782/Del/2022 Eversub India Pvt. Ltd. Vs. DCIT
