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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

Gsma Ltd, Usa vs. ACIT Circle Intl Taxation 1(3)(1), New Delhi

In the result, appeal of the assessee is allowed

ITA 2446/DEL/2024[2017-18]Status: DisposedITAT Delhi04 Nov 2025AY 2017-18

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

Veeraballi Naga Basi Reddy, Kadapa vs. ITO., Ward - 1, Kadapa

In the result the appeal of the assessee is allowed

ITA 451/HYD/2025[2017-18]Status: HeardITAT Hyderabad08 Oct 2025AY 2017-18

Bench: Shri Inturi Rama Raoआ.अपी.सं /Ita No.451/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2017-18) Shri Veeraballi Naga Basi Reddy, Income Tax Officer, Vs. Ward 1, Kadapa. Kadapa. Pan: Aszpr1589G (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri K.A. Sai Prasad, C.A. रधजस् व द्वधरध/Revenue By: Dr. Sachin Kumar, Dr सुिवधई की तधरीख/Date Of Hearing: 06/10/2025 घोर्णध की तधरीख/Pronouncement: 08/10/2025 आदेश/Order This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 31.12.2024

For Appellant: Shri K.A. Sai Prasad, C.AFor Respondent: Dr. Sachin Kumar, DR
Section 139Section 142(1)Section 144

covered by Pandemic Covid 19, the Hon'ble Supreme Court in Suo Motu Writ Petition (Civil) No.3 of 2020 in RE : Cognizance for Extension of Limitation extended period of limitation prescribed under the statute upto June, 2022. In view of the dictum laid down by the Hon'ble Supreme Court ... case of RE : Cognizance for Extension of Limitation (supra), I condone the period of delay in filing the appeal before the Ld. CIT(A). as regards the initial delay of 30 days, it is submitted that the delay occurred on account of the lapses on the part