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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

Mrs. Usha Devi Agarwalla, Rourkela vs. Pr.CIT Cuttack, Cuttack

In the result, appeal of the assessee stands dismissed

ITA 117/CTK/2022[2015-16]Status: HeardITAT Cuttack14 Feb 2023AY 2015-16

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2015-16 Mrs Usha Devi Agarwalla, M Mrs Usha Devi Agarwalla, M- Vs. Pr. Cit, Cuttack Pr. Cit, Cuttack 17, 17, Civil Civil Township, Township, Rourkela. Pan/Gir No. Pan/Gir No.Abipa 0285A (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri B.R.Panda, Ar B.R.Panda, Ar Revenue By : Shri M.K.Gautam, M.K.Gautam, Cit Dr Date Of Hearing : 14/0 02/2023 Date Of Pronouncement : 14/0 /02/2023 O R D E R Per Bench This Is An Appeal Filed By The Assessee Ag This Is An Appeal Filed By The Assessee Against The Order Of The Ld Pr. Ainst The Order Of The Ld Pr. Cit Passed U/S.263 Of The Act Passed U/S.263 Of The Act Dated 28.4.2020 28.4.2020 In Appeal No. Itba/Com/F/17/2020 Itba/Com/F/17/2020-21/102699194(1) For The Assessment Year The Assessment Year 2015-16. 2. Shri B.R.Panda, Ld Ar Appeared For The Assessee & Shri Shri B.R.Panda, Ld Ar Appeared For The Assessee & Shri Shri B.R.Panda, Ld Ar Appeared For The Assessee & Shri M.K,Gautam, Ld Cit Dr Appeared For The Revenue. M.K,Gautam, Ld Cit Dr Appeared For The Revenue.

For Appellant: Shri B.R.Panda, ARFor Respondent: Shri M.K.Gautam
Section 133(6)Section 143(3)Section 263

decision of the Hon’ble Supreme Court in Misc. Application No.21 of 2022 arising out of Suo moto writ petition (Civil) No.3/2020 regarding extension of limitation period for filing the appeal. Ld SR DR did not have any objection for condoning the delay. Accordingly, we condone the delay

Visa Sales Pvt. Ltd., Kolkata vs. A.O. Ward 1(3), Kolkata

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

ITA 526/KOL/2021[2011-12]Status: DisposedITAT Kolkata21 Dec 2022AY 2011-12

Bench: Shri Rajpal Yadav, Vice- & Shri Manish Boradi.T.A. No.526/Kol/2021 Assessment Year: 2011-12 Visa Sales Pvt. Ltd........….……………………....................……….……Appellant 12, Waterloo Street, Kolkata-700069. [Pan: Aadcv1161H] Vs. A.O, Ward-1(3), Kolkata……..….…..….........……........……...…..…..Respondent Appearances By: Shri Narayan Gupta, Ar, Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 09, 2022 Date Of Pronouncing The Order : December 21, 2022 Order Per Manish Borad: This Appeal Filed By The Assessee Pertaining To Assessment Year 2011-12 Is Directed Against The Order Of The Ld. Commissioner Of Income Tax(Appeals)-19, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Dated 06.03.2018 Is Arising Out Of The Order U/S 143(3) Of The Act Dated 29.03.2014 Passed By Ito, Ward-1(3), Kolkata. 2. The Registry Has Informed That This Appeal Is Time Barred By 968 Days. On Going Through The Condonation Application In The Form Of Affidavit & After Hearing Both The Parties, We Find That This Delay Is Accountable For Two Reasons. Firstly, The Impugned Order Of The Cit(A) Is Dated 06.03.2018 & The Assessee Has Not Received The Order On Time. Secondly, The Period Of Delay Occurred On Account Of Lockdown In The State Due To Outbreak Of Covid-19. In View Of The Reasons Stated In The Affidavit For Condonation Of Delay & Also The Extension Of Limitation Period By Hon’Ble Supreme Court In Suo Moto Writ Petition (Civil) No.3 Of 2020 Dated 10.01.2022 By Which The Period From 15.03.2020 To 28.02.2022 Has Been Directed To Be Excluded For The Purpose Of Limitation & A Further Period Of 90 Days Has Been Granted For Providing The Limitation From 01.03.2022, We, Therefore, Condone The Delay In Filing This Appeal & Admit The Same For Adjudication.

Section 143(3)Section 68

State due to outbreak of Covid-19. In view of the reasons stated in the affidavit for condonation of delay and also the extension of limitation period by Hon’ble Supreme Court in Suo Moto Writ Petition (Civil) No.3 of 2020 dated 10.01.2022 by which the period from