| |
| The Tax Publishers2020 TaxPub(DT) 3196 (Ctk-Trib) : (2020) 208 TTJ 0096 INCOME TAX ACT, 1961
Section 263(2)
Time limit for service of order is only applicable for order passed under section 143(3), and not in case of order framed under section 263, therefore, assessee could not plea that there was no service of section 263 order within time limit.
|
Revision under section 263 - Erroneous and prejudicial order - Time-limit -
AO framed assessment order on 22-3-2013 and Pr.CIT passed order under section 263 on 30-3-2015. The order was served on assessee on 4-4-2015. Assessee's case was that order should have been served upto the end of financial year, i.e., 31-3-2015 but order was received by the assessee on 4-4-2015, which was illegal.Held: From the reading of section 263(2), it becomes clear that there is no mention about 'service' of order, however, it is only mentioned that order shall be 'made'. With regard to 'service' it has clearly been defined in the section 143(2) but in section 263 nowhere about service of order has been mentioned. Therefore, assessee's plea could not be upheld.
REFERRED :
FAVOUR : Against the assessee.
A.Y. : 2010-11
INCOME TAX ACT, 1961
Section 263
 SUBSCRIBE FOR FULL CONTENT
|