2017 (8) TMI 319 - AT - Income Tax

Block assessment u/s 158BC - extension of time limit for special audit - block assessment order passed beyond two years of the last of the authorisation even after excluding the period commencing from the day on which the AO directs the assessee to get his accounts audited under section 142(2A) - Held that - Assessing Officer did not have the suo motu power to extend the time limit for special audit without the assessee applying for the same, and since the assessee has not applied before the Assessing Officer for extension of time for submission of the special audit report and the Assessing Officer does not have the power to suo motu extend the time limit then as per the provisions of law existing at that time, the limitation period for passing of assessment order runs from February 20, 2005 i.e., 60 days from February 20, 2005 and so the Assessing Officer ought to have passed the assessment order before April 21, 2005. Therefore we find force in the submission of the learned counsel for the assessee that since the Assessing Officer has passed the impugned assessment order only on July 18, 2005, the assessment order is barred by limitation and so we have no other alternative but to quash the same. Thus, the appeal of the assessee is allowed

Summary

Issues Involved:
- Barred by limitation under section 158BC due to extension of time for special audit.

Detailed Analysis:

Issue: Barred by Limitation under Section 158BC:
- The appeal was regarding the block assessment years 1997-98 to 2002-03, challenging the assessment order under section 158BC as being barred by limitation.
- The key contention was the extension of time for special audit by the Assessing Officer beyond the prescribed limit.
- The appellant argued that the extension granted by the Assessing Officer was illegal as he did not have the power to extend the time limit without the assessee's application.
- The appellant highlighted the sequence of events, emphasizing that the assessment order was passed beyond the permissible time limit, rendering it void in the eyes of the law.
- The respondent contended that the extension was justified due to non-cooperation from the assessee, allowing the Assessing Officer to grant an additional 90 days for the special audit.
- The Tribunal analyzed the legal provisions and past judgments to determine the Assessing Officer's authority to extend the time limit.
- Referring to the legislative intent and relevant case law, the Tribunal concluded that the Assessing Officer did not have the power to extend the time limit without an application from the assessee.
- As the assessment order was passed beyond the statutory time frame, the Tribunal held it to be barred by limitation and consequently quashed the order.
- The Tribunal upheld the appellant's argument, allowing the appeal on the grounds of limitation, making the other grounds related to merit irrelevant.

Conclusion:
- The Tribunal ruled in favor of the appellant, quashing the assessment order due to being time-barred under section 158BC.
- The decision was based on the Assessing Officer's lack of authority to extend the time limit without the assessee's application, as per the legal provisions in force at the time of assessment.
- The judgment highlighted the importance of adhering to statutory timelines in conducting assessments under the Income-tax Act, ensuring compliance with procedural requirements.