9911796707
TMI Blog2023 (6) TMI 1210X X X X Extracts X X X X X X X X Extracts X X X X ..... .12.2019. Thus, the assessment order, is passed beyond the time period prescribed u/s 153(2) - Decided in favour of assessee. - ITA No.313 & 314/SRT/2022 & CO No.09 & 10/SRT/2022 (a/o ITA Nos.313 & 314/SRT/2022) Cross-objector ITA No.342 & 344/SRT/2022 - - - Dated:- 13-6-2023 - SHRI PAWAN SINGH, JUDICIAL MEMBER AND DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER For the Assessee : Shri Prakash Jhunjhunwala, CA Shri Pawan Jagetia, CA For the Revenue : Shri Ritesh Mishra CIT-DR ORDER PER PAWAN SINGH, JUDICIAL MEMBER : 1. This bunch of four cross-appeals filed by Revenue as well as assessee and two Cross Objections (COs) in revenues appeals by assessee are directed against the separate orders of Ld. Commissioner o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under section 148 was served upon the assessee on 29.03.2019. In response to notice under sectino148 of the Act the assessee filed its return of income on 27.04.2019. The time limit for completion of re-assessment order as per section 153(2) of the Act was upto 31.12.2019 i.e., within nine months from the end of financial year in which the notice under section 148 was served. The assessing officer passed assessment order under section 143(3) rws 147 on 21.06.2022 which is beyond the time period prescribed under section 153(2) of the Act. Since the assessment order was passed beyond the time period prescribed under the Act and therefore the order is bad in law and subsequent action thereto is void ab initio. 5. For assessment year 2014-15 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounds of appeal were not pressed for adjudication. Therefore, the assessee is now precluded raising such objection / grounds of its Cos. 7. In rejoinder submission, Ld. AR for the assessee submits that in assessee s Co he has raised the grounds of Co as additional ground of appeal. The fact relating the adjudication of additional ground of appeal are emanating from the order of lower authorities and no new fact is required to be brought on record for adjudication of such additional/ legal ground. The additional ground of appeal is purely legal in nature and can be raised at any stage if it goes root of the cause. To support his submission, Ld. AR for the assessee relied upon the decision of Hon'ble Apex Court in the case of National ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing sale bills, IT acknowledgment receipt and bank statement of the suppliers had been filed on record; b) The entire payments had been made through banking channel by A/c payee cheques/RTGS; c) The addition sustained on relying on the statement of 3rd party recorded at back of appellant and without allowing an opportunity of cross examination, inspite of written request, is incorrect; d) The disallowance of purchase sustained without rejecting the appellant s books of accounts u/s 145(3) is not justified. 4.0 Without prejudice, the estimation of disallowance of disputed purchase could utmost be made in par to the normal profits disclosed on accepted genuine purchase. The appellant craves leave to add, amend, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of revenues the assessee has filed Cross Objections and raised additional grounds that the assessment order is passed beyond prescribed period of limitation. All facts for ascertaining the date of passing the assessment order is available on record. Otherwise. Issuance of notice under section 148 or order of ld PCIT is not in dispute. Therefore, no additional fact or new fact, is required to be brought on record and facts emanating from the orders of lower authorities. Moreover, the additional ground raised by assessee in its Cos are purely legal in nature which goes to the root of the matter. Thus, keeping in view, the ratio of decision in the case of National Thermal Power Co. Ltd. (supra), hence the additional grounds raised in assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Revenue is also dismissed as infructuous. As we have set aside the assessment order on legal issue thus, adjudication on various other grounds in assessees CO and in revenues appeal have become academic. 11. In the result, assessee s Co is allowed and Revenue s appeal is dismissed. 12. Now we coming to Revenue s appeal ITA No.314/SRT/2022 and assessee s CO No.10/SRT/2023. The assessee filed its ROI under section 139(1) on 24.09.2014. The case was selected for scrutiny and assessment under section 143(3) was completed on 25.11.2016 and assessment order dated 25.11.2016 was revised by Ld. PCIT vide his order dated 08.03.2019. The time limit for passing the assessment order giving effect was upto 31.12.2019. The Assessing Officer passed ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
