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| The Tax Publishers2020 TaxPub(DT) 3783 (Bang-Trib) INCOME TAX ACT, 1961
Section 153
Where assessment order was passed on 29-12-2017, but, it was received by assessee through Speed Post on 2-1-2018 and contention of assessee was that it should have been posted on or before 31-12-2017, however, as find that 30-12-2017 and 31-12-2017 were Saturday and Sunday, being Government holidays, therefore, it cannot be said that the assessment order was barred by limitation.
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Assessment - Validity - Order under section 143(3) as barred by limitation -
Assessment order in this case was passed by AO after the due date of passing the assessment order. Assessee submitted that the due date for passing the assessment order was on 31-12-2017. According to him, though the assessment order was passed on 29-12-2017, but actually it was sent by registered post to assessee only on 2-1-2018. Being so, according to him, assessment order should have left the desk of AO before 31-12-2017. Thus, it cannot be said that the order was passed within the due date. Held: Admittedly, assessment order was passed on 29-12-2017. However, it was received by the assessee through Speed Post on 2-1-2018. Contention of the assessee was that it should have been posted on or before 31-12-2017. However, as find that 30-12-2017 and 31-12-2017 were Saturday and Sunday being Government holidays. Being so, assessment order was rightly sent by Speed Post on 1-1-2018 and it cannot be said that the assessment order was barred by limitation.
Relied:National Thermal Power Company Ltd v. CIT 1998 TaxPub(DT) 0342 (SC) Jute Corporation of India Ltd. v. CIT & Anr. (1991) 187 ITR 688 (SC) : 1991 TaxPub(DT) 0505 (SC) CIT v. BJN Hotels Ltd. (2016) 382 ITR 110 (Karn-HC) : 2016 TaxPub(DT) 1635 (Karn-HC)
REFERRED :
FAVOUR : Against the assessee
A.Y. : 2015-16
INCOME TAX ACT, 1961
Section 80P
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