AGROH INFRASTRUCTURE DEVELOPERS P LTD,MHOW vs. PR CIT CENTRAL CIRCLE BHOPAL, BHOPAL

ITA 95/IND/2021Status: DisposedITAT Indore11 April 2023AY 2008-09Bench: SHRI VIJAY PAL RAO (Judicial Member), SHRI B.M. BIYANI (Accountant Member)16 pages
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What did the Tribunal hold?

The Tribunal held that the revision order was passed beyond the period of limitation prescribed under Section 263(2) of the Act. Since the issue raised in the second revision was not part of the first revision or the subsequent assessment order, the limitation period should be reckoned from the date of the original assessment.

What were the facts?

The assessee's appeal challenges a revision order passed under Section 263 of the Income Tax Act. The primary contention is that the revision order was passed beyond the statutory limitation period of two years from the end of the financial year in which the original assessment order was passed.

What were the issues?

Whether the revision order passed under Section 263 of the Income Tax Act is barred by limitation, considering the timeline of original assessment, first revision, and subsequent assessment.

Which sections of the Income-tax Act were involved?

Section 263

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Income Tax Appellate Tribunal, INDORE BENCH, INDORE

For Appellant: Shri Manish Mittal, AR
For Respondent: Shri Ashish Porwal, Sr. DR
Hearing: 10.04.2023Pronounced: 11.04.2023

Per Vijay Pal Rao, JM:

This appeal by the assessee is directed against the revision order dated 24.02.2021 of Ld. Pr. Commissioner of Income Tax, Central, (in short Ld. Pr. CIT), Bhopal passed u/s 263 of the Income Tax Act, 1961, for Assessment Year 2008-09. The assessee has raised following grounds of appeal:

“1. The ld. Pr. CIT has erred in passing the order u/s 263 without disposing the objection to show cause notice, filed through written submission on 13.02.2021 and request for adjournment of personal hearing filed on 22.02.2021. 2. Based on facts and circumstances the ld. Pr. CIT has erred in passing the order u/s 263 for a.Y.2008-09 on 22.02.2021 after more than 2 years from

The order continues below.

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