Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, [ DELHI BENCHES: “E” NEW DELHI ]
Before: SHRI I. C. SUDHIR & SHRI PRASHANT MAHARISHI
The appeal has been preferred by the Revenue against the first appellate order, holding the assessment order as null and void as time barred.
Considering the arguments advanced by the parties, we find that as per the provisions of section 153(1) of the Act, the assessment order for the assessment year under consideration was to be passed by 31.03.2006. Undisputedly, the assessment proceedings were stayed by the Hon’ble Allahabad High Court in Writ Petition (Writ Tax No.1338 of 2005 preferred by the assessee) and the stay remained in operation from 29.09.2005 to 28.02.2011, thus, there is again no dispute that the period of stay of 5 years and 5 months will have to be excluded from normal limitation period and accordingly the assessment orders should have been passed by 31.08.2011. The Assessing Officer has, however, passed the assessment order on 9.12.2011, which is almost 3 months beyond the limitation period as prescribed by the provisions of section 153(1) of the Act. The ld. CIT (A) has thus, rightly held that the assessment order in question was barred by time limit as prescribed under section 153(1) of the Act. The same is upheld. The grounds are accordingly rejected.
In result, appeal is dismissed.
The order is pronounced in the Open Court on : 31.05.2017.