CANTABIL RETAIL INDIA LTD,NEW DELHI vs. ACIT CIRCLE-73(1), NEW DELHI

ITA 1476/DEL/2020Status: DisposedITAT Delhi31 May 2023AY 2011-128 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the order passed by the Assessing Officer was barred by limitation. The amendment to Section 201(3) of the Income Tax Act, which extended the time limit, was prospective and could not revive a period of limitation that had already expired.

What were the facts?

The Assessing Officer passed an order under Section 201(1)/201(1A) on March 30, 2018, for the financial year 2010-11. The assessee contended that this order was barred by limitation as per the provisions then in force.

What were the issues?

Whether the order passed by the Assessing Officer under Section 201(1)/201(1A) was barred by limitation, considering the period of limitation applicable before and after the amendment to Section 201(3).

Which sections of the Income-tax Act were involved?

Section 201,Section 201(1),Section 201(1A),Section 201(3),Section 194C,Section 194I

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Income Tax Appellate Tribunal, DELHI BENCH ‘B’, NEW DELHI

Before: SH. N. K. BILLAIYA & SH. ANUBHAV SHARMA

Hearing: 29/05/2023Pronounced: 31/05/2023

PER N. K. BILLAIYA, AM: This appeal by the assessee is preferred against the order of the CIT(A)-38, Delhi dated 31.01.2020 pertaining to A.Y.2011-12. 2. The grievance of the assessee read as under :-

1.

The impugned order under appeal is invalid and without juri iction as the same is passed beyond the period of limitation available to the department u/s 201(3)(i) of the Act then in force till 01.10.2014 therefore such order is void ab initio and liable to be quashed.

2.

Without prejudice to above, the impugned order under appeal has erred both on facts and in law in setting aside the issue for verification of the tax paid and income declared by the deductee placing onus upon th

The order continues below.

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