ITO, New Delhi vs. M/S Neetee Clothing (P) Ltd., New Delhi
In the result, the appeal of the revenue is dismissed
ITA 267/DEL/2013[2002-03]Status: DisposedITAT Delhi21 Oct 2015AY 2002-03
Bench: Shri A.T. Varkey & Shri O.P. Kant
For Appellant: Dr. Rakesh Gupta, Advocate and Shri Somil Aggarwal, CAFor Respondent: Shri P. Dam Kanunjna, Senior DR
Section 143(1)Section 143(3)Section 147Section 148Section 149Section 149(1)Section 150Section 80Section 80HSection 80I
…er of appeal, reference or revision could not have been passed, when it was purported to have been passed by reason of its being barred by limitation, the same could not be revived u/s 150 (1). Reliance is placed on Gauri Shankar Choudhary v. Addl. CIT (1998) 234 ITR 865 (Pat) & CIT v, Vaikundom Rubber Co. Ltd., (2001) 249 ITR 19 (Ker.) 6.5 A three-judge bench of the Hon'ble Apex Court in K.M. Sharma vs. ITO, 254 ITR 772 (SC) points out that sub-so (2) aims at putting an embargo on reopening assessments, which have attained finality on the expiry of the prescribed period of limitation. Sub- 8 ITA No267/Del./201…