DCIT, CENTRAL CIR-2, MADURAI vs. M SHAHJAHAN, PALAKKAD

ITA 362/CHNY/2019Status: DisposedITAT Chennai25 October 2024AY 2015-1633 pages
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What did the Tribunal hold?

The Tribunal held that the assessment orders were made beyond the time limit prescribed under Section 153(1) and were therefore barred by limitation. Consequently, the assessment orders were quashed.

What were the facts?

The Revenue filed appeals against the CIT(A)'s order deleting additions made under Section 40A(3). The assessees argued that the assessment orders were time-barred and that Section 40A(3) was not applicable due to Rule 6DD(k).

What were the issues?

Whether the assessment orders were passed within the prescribed time limit and whether Section 40A(3) was applicable in the given circumstances.

Which sections of the Income-tax Act were involved?

Section 40A(3),Section 153(1),Section 153C

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Cases cited in this judgment(8)Show list

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आयकर अपीलीय अधिकरण, 'बी' न्यायपीठ, चेन्नई। IN THE INCOME TAX APPELLATE TRIBUNAL 'B' BENCH: CHENNAI श्री मनु कुमार गिरि, न्यायिक सदस्य एवं श्री अमिताभ शुक्ला, लेखा सदस्य के समक्ष BEFORE SHRI MANU KUMAR GIRI, JUDICIAL MEMBER AND SHRI AMITABH SHUKLA, ACCOUNTANT MEMBER आयकर अपील सं./ITA No.355, 356, 357 & 358 /Chny/2019 निर्धारण वर्ष / Assessment Year: 2012-13, 2013-14, 2014-15 & 2015-16 & CO 32, 33, 34, & 35 /Chny/2019

Assessment Years : 2012-13, 2013-14, 2014-15 & 2015-16 The Deputy Commissioner of Income Tax, Central Circle-2, Madurai M/s.Achu Traders, No. 11/1288, Kerala-678507 [PAN: AAPFA8131B] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) आयकर अपील सं./ITA No.359, 360, 361 & 362 /Chny/2019 निर्धारण वर्ष / Assessment Year: 2012-13, 2013-14, 2014-15 & 2015-16 & CO 36, 37, 38, & 39/Chny/2019

Assessment Years : 2012-13, 2013-14, 2014-15 & 2015-16 The Deputy Commissioner of Income Tax, Central Circle-2, Prop. M/s. Madeena Traders No.VII/561, M.Pudur Main Road, Govindapuram Post, Palakkad, Kerala-678507 [PAN: AIYPS1815P] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) आयकर अपील सं./ITA No.363, 444 & 445 /C

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