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“extension of limitation”

Assessment ProceduresSection 153Section 153561 judgments

The decision most relied on for extension of limitation is Collector, Land Acquisition, Anantnag & Anr. v. Mst. Katiji & Ors. (2 SCC 107), cited in 451 judgments on BharatTax.

Leading authorities on extension of limitation

Collector, Land Acquisition, Anantnag & Anr. v. Mst. Katiji & Ors.
2 SCC 107 · 1987 · Supreme Court
451
citing judgments

Courts must adopt a liberal approach when considering applications for condonation of delay, preferring to decide cases on their merits rather than allowing technicalities of limitation to scuttle justice. This principle applies to ensure the substantive rights of parties are not defeated by minor delays.

Income Tax, (1989) 111 ITR 377 (SC) and Jonas Woodhead and Sons (India) Limited v. CIT
224 ITR 342 · 1997 · Supreme Court
60
citing judgments

Expenditure incurred for the expansion, extension, or betterment of an existing business, or for improvisation that is part of the existing business, is allowable as revenue expenditure. Payments made for acquiring technical know-how and exclusive rights for setting up a new business can be capital expenditure.

CIT v. Bajrang Textiles
294 ITR 561 · 2007 · High Court
50
citing judgments

A direction for special audit under Section 142(2A), issued near the expiry of the limitation period primarily to gain an extension of time or with instructions beyond the section's scope, is illegal, rendering the subsequent assessment time-barred.

Koteswar Vittal Kamath v. K. Rangappa Baliga & Co.
1 SCC 255 · 1969 · Reported
43
citing judgments

When a new statutory provision is substituted for an existing one, the legislative intent is typically that the old provision is deemed deleted and does not remain in force unless there is a clear intention to keep it alive.

Ganesh Dass Khanna v. Income Tax Officer
156 Taxmann.com 417 · 2023 · High Court
34
citing judgments

The time limits for reopening assessments under the new regime are reduced to three years, with an extension to ten years only for serious tax evasion cases involving concealment of Rs. 50 lakhs or more.

Godrej Industries Ltd. v. Assistant Commissioner of Income-tax
160 Taxmann.com 13 · 2024 · High Court
21
citing judgments

A notice issued under section 148 for AY 2014-15 is invalid if issued by the Jurisdictional Assessing Officer instead of a Faceless Assessing Officer, especially when the extended period of 6 years under section 149 may not apply.

Delhi in ACIT v. Soul Space
117 Taxmann.com 395 · 2020 · High Court
18
citing judgments

An order for special audit under Section 142(2C) of the Income Tax Act must be passed within the prescribed time, including any extensions. An assessment order based on a special audit report submitted beyond the permissible period is void.

08 (Del) 4. CIT vs. S.K. Katyal, (2009) 308 ITR 168 (Del) 5. Golderest Finance (India) Ltd. v. DCIT
334 ITR 240 · 2011 · High Court
15
citing judgments

The Revenue Authorities cannot make a reference for assessment years if no information could have been provided for those years, and any extension of limitation based on such an invalid reference is impermissible.

Judgments citing extension of limitation

Sbw Udyog Limited, Prayagraj vs. DCIT, Cir-1, Allahabad

In the result, the appeal of the assessee is dismissed

ITA 27/ALLD/2024[2021-22]Status: DisposedITAT Allahabad13 Mar 2025AY 2021-22

Bench: Sh.Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y.2021-22 Sbw Udyog Limited, Vs. Deputy Commissioner Of Income 44, Thornhill Road, Prayagraj Tax, Circle-1, Prayagraj Pan:Aadcs2883B (Appellant) (Respondent) Assessee By: Sh. N.C. Agrawal, C.A. Revenue By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 18.12.2024 Date Of Pronouncement: 13 .03.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed Against The Orders Of The Ld. Cit(A) Under Section 250 Of The Income Tax Act, 1961 On 31.01.2024, Dismissing The Appeal Of The Assessee Against The Orders Of The Cpc Bengaluru, Under Section, 143(1) Dated 17.10.2022. Subsequently, The Said Appeal Was Migrated To The Nfac & Later On, The Appeal Proceedings Were Transferred To The Additional / Jcit(A), Aurangabad, Who Has Dismissed The Appeal Of The Assessee. The Grounds Of Appeal Preferred By The Assessee Are As Under:- “1. Because, Income Tax Department, Ministry Of Finance, Government Of India Has Observed In The Notice Under Section 250 Of The Income Tax Act, 1961, Which Reads As Under:- "The Income Tax Department Recognizes & Is Sensitive To The Hardships Being Faced By Taxpayers In Coping With The Challenges Posed By Covid-19 Pandemic." Consequently, Appeal Is Liable To Be Allowed.

For Appellant: Sh. N.C. Agrawal, C.AFor Respondent: Sh. A.K. Singh, Sr. DR
Section 143Section 250Section 36(1)(va)Section 43B

Because, the CIT (Appeal) has erred in law and on facts in confirming disallowance of Rs. 43,04,355/- and ignoring the extension of limitation under the various laws of Central and State Government in Suo- Moto Writ Petition (Civil) No. 03 of 2020 dated 08/03/2021 pronounced ... India in Suo Moto Writ Petition (Civil) No.03 of 2020 dated 8.03.2021, whereby due to the onset of the Covid-19 Pandemic, extension of limitation under the various laws of the State and Central Government had been granted and dates had been extended. It enclosed a copy of the order

Pravin Babanrao Tambe, Pune vs. Principal Commissioner of Income Tax-4, Pune

In the result, the appeal filed by the assessee is dismissed as not maintainable

ITA 692/PUN/2023[2013-14]Status: DisposedITAT Pune11 Mar 2025AY 2013-14

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.692/Pun/2023 िनधा"रण वष" / Assessment Year : 2013-14 Pravin Babanrao Tambe, Vs. Pcit, Pune-4. Sr. No.14, Shree Datta Colony, Akashwani, Hadapsar, Pune- 411028. Pan : Aimpt5087G Appellant Respondent Assessee By : Smt. Deepa Khare Revenue By : Shri Ajay Kumar Keshari Date Of Hearing : 12.12.2024 Date Of Pronouncement : 11.03.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 31.03.2021 Passed By Ld. Pr.Cit, Pune- 4 [‘Ld. Pcit’] U/S 263 Of The It Act For The Assessment Year 2013-14. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. Ld Cit Erred In Law & On Facts In Invoking Jurisdiction Under Section 263 & Setting Aside Assessment Order For Fresh Assessment On The Ground That Assessment Has Been Framed

For Appellant: Smt. Deepa KhareFor Respondent: Shri Ajay Kumar Keshari
Section 143(2)Section 143(3)Section 148Section 263Section 48

pointed out by the Registry of this Tribunal is not correct in view of the Hon’ble Supreme Court judgement on extension of limitation due to Covid-19 Pandemic upto 30.05.2022. In this way, there is delay of only 366 days in filing of the present appeal before this Tribunal ... contention of Ld. Counsel of the assessee that after considering the order passed by Hon’ble Supreme 11 Court on the issue of extension of limitation due to Covid-19 Pandemic, the delay of only 366 days remains. We accept the contention of the counsel of the assessee

Shree Coimbatore Gujarat Samaj, Coimbatore vs. DCIT (Exemption) Coimbatore, Coimbatore

ITA 2210/CHNY/2024[2016-17]Status: DisposedITAT Chennai26 Feb 2025AY 2016-17

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.2210/Chny/2024 निर्धारण वर्ष/Assessment Year: 2016-17 Shree Coimbatore Gujarati Samaj, 362, Mettupalayam Road, Rs Puram, Coimbatore South, Rs Puram East, S.O., Coimbatore 641 002. Vs. The Deputy Commissioner Of Income Tax (Exemption), Coimbatore. [Pan:Aajts1201L] (अपीलार्थी/Appellant) अपीलार्थी की ओर से / Appellant By प्रत्यर्थी की ओर से/Respondent By सुनवाई की तारीख/ Date Of Hearing (प्रत्यर्थी/Respondent) Shri Varun Ranganathan, Advocate For Shri K. Ravi, Advocate Shri K. Rohan Raj, Addl. Cit 03.12.2024 घोषणा की तारीख /Date Of Pronouncement : 26.02.2025 आदेश/Order Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 25.06.2024 Passed By The Addi/Jcit(A)-2, Surat For The

Section 143(1)

days instead of 1520 days without considering the direction of the Hon'ble Supreme Court in the case of Cognizance for Extension of Limitation, In re [2022] 441 ITR 722 (SC). 6. The Additional /Joint Commissioner of Income Tax (Appeals)-2, Surat erred in not considering that the delay ... only 1520 days, taking the support of the decision of the Hon'ble Supreme Court in the case of Cognizance for Extension of Limitation, reported in [2022] 441 ITR 722 (SC). We note that the reasons stated by the assessee are identical to the reasons taken before us vide written

DCIT, New Delhi vs. M/S. Rhc Holding Pvt. Ltd., New Delhi

In the result, appeal of the assessee is allowed

ITA 2446/DEL/2014[2009-10]Status: DisposedITAT Delhi14 Feb 2025AY 2009-10

Bench: Shri Vikas Awasthy& Shri Brajesh Kumar Singhआअसं.2446/िद"ी/2024(िन.व. 2017-18) Gsma Ltd., 1000 Abernathy Road, Suite 450, Atalanta, Untied State Of America ...... अपीलाथ"/Appellant Pan: Aaecg-1610-K बनाम Vs. Assistant Commissioner Of Income-Tax, International Taxation 1(3)(1), Civic Centre, ....."ितवादी/Respondent Minto Road, New Delhi 110002 अपीलाथ" "ारा/ Appellant By: Shri P.P Singh, Advocate "ितवादी"ारा/Respondent By: Shri M.S Nethrapal, Cit-Dr सुनवाई क" ितिथ/ Date Of Hearing : 06/08/2025 घोषणा क" ितिथ/ Date Of Pronouncement : 04/11/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Assessment Order Dated 06.04.2021 Passed U/S. 143(3) R.W.S 144C(13) Of The Income Tax Act,1961(Hereinafter Referred To As ‘The Act’), For Assessment Year 2017-18. 2. The Registry Has Issued Defect Memo Stating That The Appeal Is Time Barred By 1076 Days. The Assessee Has Filed An Application Supported By An Affidavit Citing Reasons For Delay In Filing Of Appeal.

For Appellant: Shri P.P Singh, AdvocateFor Respondent: Shri M.S Nethrapal, CIT-DR
Section 143(3)Section 9(1)(vii)

taking cognizance of the hardship cause of the pandemic to the litigants extended the limitation for filing of any suite/appeal/application. [RE: Cognizance for extension of Limitation, In re:, 134 taxmann.com 307 (SC)]. The Hon’ble Supreme Court of India directed that the period from 15.03.2020 till 28.02.2022 shall stand excluded