LITTLE FAIRY LTD,NICOSIA vs. ACIT, CIRCLE 2(2)(1), INTERNATIONAL TAXATION, NEW DELHI

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ITA 1511/DEL/2022Status: DisposedITAT Delhi25 September 2023AY 2015-16Bench: SHRI G. S. PANNU, PRESIDENT A N D SHRI CHALLA NAGENDRA PRASAD (Judicial Member)12 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the assessment orders passed under section 143(3) read with section 144C were barred by limitation for both assessment years. Consequently, all other issues raised on merits became academic and infructuous.

What were the facts?

The assessee filed appeals for assessment years 2015-16 and 2016-17, seeking to raise additional grounds. These grounds pertained to the assessment order being barred by limitation. The Tribunal admitted these additional grounds, citing the Supreme Court's decision in National Thermal Power Co. Ltd. v. CIT.

What were the issues?

Whether the assessment order was barred by limitation due to the improper issuance of a draft assessment order. Whether the Tribunal has the power to admit additional grounds of appeal that are purely legal.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(4)Show list

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Income Tax Appellate Tribunal, [ DELHI BENCH “D” : DELHI ]

Before: SHRI G. S. PANNUSHRI CHALLA NAGENDRA PRASAD

For Appellant: Shri G. C. Srivastava, Shri Mayank Patwari; Adv.; &, Shri Kalrav Mehrotra, C.A.;
For Respondent: Ms. Prajna Paramita;

आदेश की �ितिलिप अ�ेिषत / Copy of Order Forwarded to:- 1. आवेदक / Assessee 2. राज� / Revenue 3. संबंिधत आयकर आयु� / Concerned CIT 4. आयकर आयु�- अपील / CIT (A)

I.T.A. Nos. 1511 & 1512/Del/2022

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