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Facts
The Assessee's appeals challenged Final Assessment Orders for AY 2017-18 and 2018-19. The primary contention raised as an additional ground was that these orders were time-barred, having been passed beyond the period prescribed under Section 153 read with Section 144C of the Income Tax Act.
Held
The Tribunal, following the ratio of the Madras High Court in Roca Bathroom Products (P.) Ltd. and other coordinate benches, held that the impugned Final Assessment Orders were indeed barred by limitation. Consequently, the Tribunal quashed these assessment orders.
Key Issues
Whether the 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
153, 144C, 143(3), 144B, 158AB, 153(1), 153(4), 144C(13)
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Income Tax Appellate Tribunal, DELHI
Before: YOGESH KUMAR U.S. & SHRI MANISH AGARWAL
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 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