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| The Tax Publishers2019 TaxPub(DT) 3179 (Ind-Trib) INCOME TAX ACT, 1961
Section 153A Section 153B Sections 245D & 132
On facts of the case, the Tribunal set aside legal issue raised by the assessee for first time relating to the validity of the impugned assessment order considering the limitation period provided under provisions of law for the completion of assessment proceedings.
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Search and seizure - Assessment under section 153A - Limitation under section 153B - Settlement Commission rejected assessee's application--Computation of period of limitation
The issue raised by the assessee was that the entire assessment order was illegal, void and without jurisdiction as the same had been passed beyond the period of limitation under section 153B. The settlement order rejecting the application was passed on 8-5-2015 which was received by Pr. CIT on 18-5-2015 and the assessment order had been passed on 29-1-2016 which was beyond the period of limitation. Held: Issue raised was a legal issue and had been raised for the first time before the Tribunal. There was no occasion with the CIT(A) to adjudicate this issue. The Tribunal set aside legal issue raised by the assessee for first time relating to the validity of the impugned assessment order, whether being valid or invalid, considering the limitation period provided under provisions of law for the completion of assessment proceedings. CIT(A) should accordingly decide the issue in light of the principles laid down by the court.
Followed:CIT v. Tolaram Hassomal (2008) 298 ITR 22 (MP) : 2008 TaxPub(DT) 0186 (MP-HC).
REFERRED : NKG Infrastructure Ltd. v. Principal CIT [ITA No. 3825 to 3827/Del/2018], UOI & Ors. v. G.M. Kokil & Ors. 1984 (Supp) SCC 196, Chandavarkar Sita Ratna Rao v. Ashalata S. Guram (1986) 4 SCC 447 and Dilip S. Dahanukar v. Asstt. CIT (2004) 90 ITD 525 (Mum-Trib) : 2004 TaxPub(DT) 0668 (Mum-Trib).
FAVOUR : Matter remanded.
A.Y. : 2012-13 & 2013-14
INCOME TAX ACT, 1961
Section 68
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