2019 (3) TMI 678 - AT - Income Tax

Validity of assessment order - Period of limitation - Appeal allowed by CIT(A) on ground that assessment order was passed beyond the limitation period prescribed - assessment order dated 31/03/ 2014 - served on the appellant on 28/04/2014 - HELD THAT - We find no merit in Revenue s instant arguments. The facts remains the CIT(A) made tremendous efforts by way of various correspondence(s) to get all the relevant material on record as to whether the impugned assessment had been framed within the statutory time limit up to 31.03.2014 or not. It has come on record that the assessing authority had also failed to indicate any material on record that the relevant computation had been uploaded even on the department s portal. We therefore hold that the CIT(A) has rightly quashed impugned assessment not framed within the time limitation prescribed. Hon ble jurisdictional high court s decision CIT vs. Subrata Roy 2014 (7) TMI 42 - CALCUTTA HIGH COURT involves a case where the Revenue had filed sufficient proof before their lordships that the Assessing Officer had framed the assessment in issue within the time period prescribed as against the facts of the instant case. Distinguishable on facts.

Summary

Issues:
1. Assessment framed beyond limitation period.
2. Quashing of assessment order.
3. Merits of the case not looked into.

Issue 1: Assessment framed beyond limitation period
The Revenue's appeal and the assessee's cross-objection for the assessment year 2011-12 were brought against the Commissioner of Income Tax (Appeals) - 15, Kolkata's order under section 143(3) of the Income Tax Act, 1961. The primary contention of the Revenue was that the assessment was framed beyond the stipulated limitation period. The appellant raised various grounds challenging the assessment order, including time-barred, illegal, and void ab initio. The appellant cited several judgments to support their position. The Assessing Officer failed to provide concrete proof to counter the appellant's claim that the assessment order was served after the prescribed date. Consequently, the Tribunal accepted the appellant's submissions, quashed the assessment order dated 31/03/2014, and held that it was barred by limitation.

Issue 2: Quashing of assessment order
The Tribunal thoroughly examined the circumstances surrounding the assessment order's timeline. Despite the Revenue's argument that the assessment was within the limitation period, the Tribunal found that the assessing authority failed to provide evidence that the relevant computation had been uploaded on the department's portal within the prescribed time limit. Citing relevant case laws, including the decision in CIT vs. Subrata Roy, the Tribunal upheld the CIT(A)'s decision to quash the assessment order as it was not framed within the statutory time limit. The Tribunal differentiated this case from precedents where the Revenue had successfully proven timely assessment. The Tribunal's decision was supported by legal principles emphasizing the importance of pronouncing or publishing an order within the prescribed period to make it complete and effective, even if the actual service may occur later.

Issue 3: Merits of the case not looked into
Due to the quashing of the assessment order on grounds of being time-barred, the Tribunal did not delve into the merits of the case. The Revenue's appeal was dismissed, and the assessee's cross-objection, which contended that the CIT(A) did not adjudicate on the merits, was rendered infructuous. Consequently, the Revenue's appeal was dismissed, and the assessee's cross-objection was also dismissed as a result of the quashing of the assessment order.

In conclusion, the Tribunal's decision centered around the timely framing of the assessment order, with a detailed analysis of the arguments presented by both parties and a thorough examination of legal precedents to support the quashing of the assessment order due to being beyond the limitation period. The Tribunal's meticulous consideration of the facts and legal principles led to the dismissal of the Revenue's appeal and the assessee's cross-objection.