2021 (12) TMI 768 - HC - Income Tax

Validity of Revision order passed u/s 263 by CIT - period of limitation - ITAT to declare the impugned revision assessment order of the Assessing Officer as non-est and is allowing the appeal of assessee against order u/s 263 in technical ground - MAT credit allowability u/s 115JAA - HELD THAT - As decided in M/S. APEEJAY SHIPPING LIMITED 2021 (12) TMI 262 - CALCUTTA HIGH COURT the order passed by the CIT u/s 263(2) is hopelessly barred by limitation. The Tribunal rightly held that the period of limitation has to be reckoned from the date of the order passed by the AO under Section 143(3) read with Section 263 and not from the date of the order passed by the AO under Section 143(3) read with Section 263 and 251. Thus, we find that the Tribunal rightly allowed by the appeal filed by the assessee.

Summary

Issues:
Challenge to composite order under Section 260A of the Income Tax Act, 1961 for the assessment year 2007-08.
Substantial question of law regarding the revision assessment order and legislative intention of sec 115JB & 115JAA.

Analysis:
The High Court of Calcutta heard an appeal filed by the Revenue challenging a composite order passed by the Income Tax Appellate Tribunal for the assessment year 2007-08. The substantial question of law raised was whether the Tribunal was justified in declaring the revision assessment order of the Assessing Officer as non-est and allowing the appeal of the assessee against the order under Section 263 without justifying the legislative intention of sections 115JB & 115JAA. The Tribunal had previously dismissed a similar appeal filed by the Revenue against the impugned order, emphasizing that the Commissioner of Income Tax exceeded his power under Section 263 by setting aside the Assessing Officer's order. The Tribunal also noted that the order by the Commissioner of Income Tax was barred by limitation, as per the decision of the Hon’ble Supreme Court in a relevant case. Consequently, the Tribunal rightly allowed the appeal filed by the assessee, leading to the dismissal of the Revenue's appeal. The High Court upheld the Tribunal's decision, finding no error in the order passed by the Tribunal and answering the substantial question of law against the Revenue.

In conclusion, the High Court dismissed the appeal filed by the Revenue and answered the substantial question of law against them. The application related to the appeal was also dismissed.