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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

Pandurang Panjabrao Tiwade, Nagpur vs. Joint Commissioner of Income Tax, Range-2, Nagpur

In the result, appeal of the assessee is allowed for statistical purpose

ITA 60/NAG/2023[2017-18]Status: DisposedITAT Nagpur16 Apr 2024AY 2017-18

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.60/Nag/2023 िनधा"रण वष" / Assessment Year : 2017-18 Pandurang Panjabrao The Joint Commissioner Tiwade, V Of Income Tax, Range-2, Lonara, Gumthi, S Nagpur. Nagpur – 441111. Pan: Asjpt1392H Appellant/ Assessee Respondent/Revenue Assessee By Shri Aksshay Duragkar – Advocate- Ar Revenue By Shri Abhay Y. Marathe – Sr.Dr Date Of Hearing 29/03/2024 Date Of Pronouncement 16/04/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals) Under Section 250 Of The Income Tax Act, For A.Y.2017-18 Emanating From Penalty Order Under Section 271D Of The Act Dated 03.03.2020. The Assessee Has Raised The Following Grounds Of Appeal : Pandurang Panjabrao Tiwade [A]

Section 250Section 27Section 271DSection 27I

facts and in the circumstances of the case and in law, the Hon’ble CIT(Appeals) erred in overlooking the extension of limitation of period ordered by Hon’ble Supreme Court of India and not considering the fact that the assessee had filed the Appeal within the period on exclusion ... facts and in the circumstances of the case and in law, the Hon’ble CIT(Appeals) ought to have considered the extension of limitation period and ought to have condoned the delay in filing of appeal by the assessee and admitting the appeal filed by the assessee