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| The Tax Publishers2020 TaxPub(DT) 2784 (Karn-HC) : (2020) 426 ITR 0586 : (2020) 272 TAXMAN 0354 INCOME TAX ACT, 1961
Section 153(3) read with section 153(2A)
Where order of remand was issued by Tribunal with a view to give effect to findings of Tribunal and neither order of assessment was set aside nor AO was directed to carry out fresh assessment and remand was ordered on a limited issue, therefore, provisions of section 153(3) applied to fact situation of case and Tribunal committed an error in holding that order passed by CIT(A) was passed under section 153(2A).
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Assessment - Time limitation - Applicability of section 153(3) vis-Ã -vis section 153(2A) -
Revenue challenged order of Tribunal holding that order was passed under section 153(2A) and therefore barred by limitation and not under section 153(3), which permitted AO an extended period, as original assessment was neither set aside in entirety or cancelled. Case of revenue was that AO passed order giving effect to order passed by Tribunal and order fell within section 153(3) and not under section 153(2A) as held by Tribunal. Held: Order of remand was issued with a view to give effect to findings of Tribunal and neither order of assessment was set aside nor AO was directed to carry out fresh assessment. Order passed by Tribunal was a remand on a limited issue. Therefore, provisions of section 153(3) apply to fact situation of case and Tribunal therefore, committed an error of law in holding that order passed by CIT(A) was passed under section 153(2A).
REFERRED : GE T & D India Ltd. v. Deputy CIT (2019) 105 taxmann.com 286 (Mad) : 2019 TaxPub(DT) 4195 (Mad-HC) Nokia India Private Ltd. v. Deputy CIT (2018) 407 ITR 20 (Del) : 2017 TaxPub(DT) 4233 (Del-HC) CIT v. Sri Paul Noel Rodrigues (2015) 231 Taxman 811 (Karn) Instruments & Control Co. v. Chief CIT (2012) 25 taxmann.com 16 (Guj) CIT v. Bhan Textile P. Ltd. (2008) 300 ITR 176 (Del) : 2008 TaxPub(DT) 1690 (Del-HC) Basu Distributors P. Ltd. v. Income Tax Officer (2007) 159 Taxman 410 (Del) : 2007 TaxPub(DT) 0839 (Del-HC) Rikhabdas Jhaverchand v. CIT & Anr. (2001) 249 ITR 774 (Bom) : 2001 TaxPub(DT) 0305 (Bom-HC) DCIT v. Sanjay Jaiswal & Vica-Versa (2016) 158 ITD 397 (Kol) : 2016 TaxPub(DT) 1651 (Kol-Trib) M/s. Astra Zeneca Pharma India Ltd. v. Joint CIT [ITA No. 1224/Bang/2010, dt. 31-5-2011]
FAVOUR : Against the assessee
A.Y. : A.Y. 1996-97
IN THE KARNATAKA HIGH COURT
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