I.T.O WD - 2(1),KOLKATA, KOLKATA vs. PERU PLASTIC COMPANY PVT LTD., KOLKATA
What did the Tribunal hold?
The Tribunal held that if the assessment order leaves the control of the AO after the limitation date, it is presumed to be passed after the period of limitation. Following a precedent, the Tribunal found no reason to interfere with the CIT(A)'s decision.
What were the facts?
The Assessing Officer (AO) passed an assessment order dated 31.12.2008 for AY 2006-07. However, the order was dispatched for service only on 13.01.2009, after the limitation period of 31.12.2008. The AO did not dispute these factual aspects.
What were the issues?
Whether the assessment order was barred by limitation because it was dispatched after the statutory time limit for passing such an order.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, BENCH ‘B’ KOLKATA
Before: Hon’ble Shri N.V.Vasudevan, JM & Shri M.Balaganesh, AM ]
ORDER PER N.V.VASUDEVAN, JM:
This is an appeal by the Revenue against the order dated 26.04.2013 of CIT(A)- I, Kolkata, relating to AY 2006-07.
Grounds of appeal
raised by the Revenue read as follows :- “1. That on the facts and circumstances of the case, CIT(A) erred in facts and law in holding that assessment was barred by limitation of time although there is conclusive evidence that assessment order was beyond control of the A.O. at the end of 31.12.2008.
2. That the appellant craves leave to add, amend, modify & alter any grounds of appeal during course of hearing of the case.”
3. The Assessee is a company engaged in the business of making investments. For A.Y.2006-07 the assessee filed return of income declaring a loss of Rs.4,720/-. An order of assessment dated 31.12.2008 was passed by AO u/s 144 of the Income Tax Act, 1961 (Act) determining the total income of the ssessee at Rs.1,89,95,280/-. This was because of an addition of Rs.1,90,000/- made by AO on account undisclosed sale proceeds of a property treated as income of the Assessee.
Plastic Company Pvt. Ltd. A.Y.2006-07.
Aggrieved by the aforesaid order of the AO, the assessee preferred an appeal before CIT(A). One of the contentions raised by the assessee before CIT(A) was that order of assessment was in fact not passed by the AO on 31.12.2008 and that was the last date by which order of assessment could be passed for A.Y.2006-07 by the AO in terms of the provision of section 153 of the Act. This time limit of passing the order for A.Y.2006-07 being 31.12.2008 is not disputed by the revenue. The plea of the assessee before CIT(A) was that though the order of assessment is dated 31.12.2008, yet it was sent for service on the assessee by despatch by registered post only 13.01.2009. The said letter sent by the AO was returned by the postal authorities on 19.01.2009. Thereafter the Inspector served a notice of demand arising out of the order of assessment by affixture on 23.01.2009. It was therefore contended by the assessee that the AO could not have passed the order of assessment on 31.12.2008. In the remand report of the AO, the factual aspects of the case as set out above by the assessee with regard to the service of the order of assessment and notice of demand, were not disputed by the AO. The original envelope returned by the postal authorities were also perused by CIT(A). The CIT(A) found that the ITAT in the case of Dilip Mohan Seth vs ITO in order dated 29.06.2012 had taken a view that where despatch of an order of assessment i.e. order of assessment going out of the control of the AO, happens after the last date of period of limitation for passing an order of assessment then it has to be presumed that the order of assessment was passed only after the period of limitation. Following aforesaid decision, the CIT(A) held that the order of assessment dated 31.12.2008 was in fact passed by the AO after the said date and therefore order of assessment is barred by limitation. The order of assessment was accordingly annulled by CIT(A).
Aggrieved by the order of CIT(A) the revenue has preferred the present appeal before the Tribunal.
None appeared on behalf of the assessee. We have heard the submissions of the ld. DR, who could not controvert the findings of CIT(A). We are of the view that in Plastic Company Pvt. Ltd. A.Y.2006-07. the light of the findings of CIT(A) that the order of assessment and the notice of demand left the control of the AO after limitation date i.e. 31.12.2008 for passing an order of assessment for the relevant Assessment year, it has to be presumed that the order of assessment was in fact passed only after the period of limitation. In coming to the aforesaid conclusion we are supported by the decision of ITAT, Kolkata Bench in the case of Dilip Mohan Seth vs ITO (supra). Following the aforesaid decision and taking note of the admitted facts and circumstances of the present case, we are of the view that the order of CIT(A) does not call for any interference. Accordingly the appeal by the revenue is dismissed.
In the result the appeal of the revenue is dismissed.
Order pronounced in the Court on 01.06.2016.
Sd/- Sd/- [M.Balaganesh ] [ N.V.Vasudevan ] Accountant Member Judicial Member Dated : 01.06.2016. [RG PS] Copy of the order forwarded to:
1. 1. Peru Plastic Company Pvt. Ltd., 34, Ganesh Chandra Avenue, 4th Floor, Kolkata- 700013.
More judgments on Section 153
- Cornerstone Ondemand International Limited… vs Assistant Commissioner of Income Tax…ITA 2128/MUM/2025[2022-23]Status: Disposed16 Oct 2026AY 2022-23
- Cornerstone Ondemand International Limited… vs Assistant Commissioner of Income Tax…ITA 4558/MUM/2023[2021-22]Status: Disposed16 Oct 2026AY 2021-22
- Cornerstone Ondemand International Limited… vs Assistant Commissioner of Income Tax…ITA 3228/MUM/2023[2020-21]Status: Disposed16 Oct 2026AY 2020-21
- Zabuben Mepabhai Bharvad, Ahmedabad vs The PCIT - 1, AhmedabadITA 1233/AHD/2026[2018-19]Status: Disposed8 Oct 2026AY 2018-19
- Credit Agricole Corporate and Investment… vs The Assistant Commissioner of Income-Tax…ITA 3453/MUM/2026[2022-23]Status: Disposed8 Oct 2026AY 2022-23
Recent GST High Court judgments
Search GST case law →- M/S. Mehra Mac Industries Private Limited vs. The Deputy State Tax OfficerTelangana · 30 Oct 2026
- Santosh Das And Anr. vs. Union Of INDIACalcutta · 30 Oct 2026
- M/S Rama Krishna Industries vs. State Of Hp And OthersHimachal Pradesh · 30 Oct 2026
- Smt Usha W/O Shri Tarun vs. Union Of INDIARajasthan · 29 Oct 2026
- M/S Maruti Nandan Minetech Private Limited vs. The Joint CommissionerRajasthan · 29 Oct 2026