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TMI Blog2023 (10) TMI 276X X X X Extracts X X X X X X X X Extracts X X X X ..... that is, the date as per the main provision of Section 153B only. The Explanation provides for exclusions in various situations. The application of the exclusions will result in expansion of the period taking note of various intervening events and the ultimate date would thus fluctuate depending on the exclusions taken into account and applied. This cannot be equated to statutory prescription and the date of limitation is determined only by the main provision which is inflexible. In the present case, the last date for completion of assessment as prescribed by Section 153B is within a period of twenty-one months from the end of the financial year in which the last of the authorisations for search under section 132 or for requisition under section 132A was executed. The last date of the 21 month period as prescribed admittedly falls on 30.09.2020. This date falls within the range of dates as stipulated in the TOLA, extended by virtue of subsequent notifications, to 30.09.2021. The extension, by taking benefit of the period of interim protection will follow only thereafter. With this, the date stands extended by 16 months and 24 days to 20.04.2023. The orders of assessment have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wed. - And WMP.Nos. 21388, 21396, 1645, 1649, 1651, 1653, 1652, 1656, 1659, 1660, 1662, 2173, 2175, 2169, 2172, 2174, 2176, 2177, 2179, 2180, 2182, 2183, 2184, 2178, 2181, 2185, 2186, 2170, 2171, 20245, 20246, 20251, 20253, 20255, 20256, 20263, 20264, 20289, 20290, 20294, 20295, 20300, 20302, 20303, 20304, 20335, 20336, 20337, 20338, 20340, 20342, 20345, 20348, 20352, 20353, 20368, 20369, 20375, 20376, 20377, 20378, 20389, 20391, 20395 20398 of 2022 Honourable D R. Justice Anita Sumanth For the Petitioner : Mr.R.V.Easwar Senior Counsel For Mr.M.V.Swaroop For the Respondents : Mr.A.P.Srinivas Senior Standing Counsel COMMON ORDER This batch of Writ Petitions has been filed by Agni Estates and Foundations Private Ltd. The following Writ Petitions challenge notices, all dated 22.12.2021 issued under the provisions of the Income Tax Act, 1961 (in short Act ) and seek a prohibition as against the Income Tax Department from passing orders of assessment. Sl.No. W.P.No. A.Y. 1. 1498 of 2022 2011-12 2. 1504 of 2022 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9. 21388 of 2022 2019-20 4. The following Writ Petitions challenge penalty orders under Section 271B of the Act, all dated 27.07.2022. Sl.No. W.P.No. A.Y. 1. 21252 of 2022 2011-12 2. 21259 of 2022 2012-13 3. 21288 of 2022 2013-14 4. 21296 of 2022 2014-15 5. 21336 of 2022 2015-16 6. 21346 of 2022 2016-17 7. 21371 of 2022 2017-18 8. 21385 of 2022 2018-19 9. 21396 of 2022 2019-20 5. The premises of the petitioner had been subject to a search u/s 132 of the Act on 05.07.2018 and notices u/s 153A had been issued pursuant to the same. The petitioner challenged those notices in an earlier ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the previous year in which search is conducted under section 132 or requisition is made under section 132A, within a period of twenty-one months from the end of the financial year in which the last of the authorisations for search under section 132 or for requisition under section 1324 was executed: .......... Explanation -In computing the period of limitation under this section- (i)The period during which the assessment is stayed by an order or injunction of any court; or . . . . (xi) the period (not exceeding one hundred and eighty days) commencing from the date on which a search is initiated under section 132 or a requisition is made under section 132A and ending on the date on which the books of account, or other documents or money or bullion or jewellery or other valuable article or thing seized under section 132 or requisitioned under section 132A, as the case may be, are handed over to the Assessing Officer having jurisdiction over the assessee, in whose case such search is initiated under section 132 or such requisition is made under section 132A, as the case may be, shall be excluded. 9. The details of interim stay granted by this Court and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - The Writ Petitions were finally taken up. However, no interim stay was granted till the next date of hearing. 8. 29.07.2020 - The matter was adjourned. Interim Orders were not extended or revived. 9. 05.08.2020 - The Writ Petitions reserved for orders. Once again, the interim stay was not extended till the next date of hearing. 10. 17.03.2021 - Final judgement dismissing the Writ Petitions was passed. 11. The break-up of the periods between 26.03.2020 and 06.11.2020 in W.P.No.7413 of 2020, being the suo motu proceedings is set out below: 1. 26.03.2020 -Suo Moto Order of the Hon'ble Madras High Court extended all interim orders till 30.04.2020 2. 25.04.2020 - Suo Moto Order of the Hon'ble Madras High Court extended all interim orders till 01.06.2020 3. 01.06.2020 - Suo Moto Order of the Hon'ble Madras High Court extended all interim orders till 30.06.2020 4. 29.06.2020 - Suo Moto Order of the Hon'ble Madras High Court extended all interim orders till 31.07.2020 5. 31.07.2020 - Suo Moto Order of the Hon'ble Madras High Court extended all interim orders till 04.09.2020 6. 02.09.2020 - Suo Moto Order of the Hon'b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... here the specified Act is the Income-tax Act, 1961, (i) making of investment, deposit, payment, acquisition, purchase, construction or such other action, by whatever name called, for the purposes of claiming any deduction, exemption or allowance under the provisions contained in (I) sections 54 to 54GB, or under any provisions of Chapter VI-A under the heading B. Deductions in respect of certain payments thereof; or (II) such other provisions of that Act, subject to fulfilment of such conditions, as the Central Government may, by notification, specify; or (ii) beginning of manufacture or production of articles or things or providing any services referred to in section 10AA of that Act, in a case where the letter of approval, required to be issued in accordance with the provisions of the Special Economic Zones Act, 2005, has been issued on or before the 31st day of March, 2020, and where completion or compliance of such action has not been made within such time, then, the time-limit for completion or compliance of such action shall, notwithstanding anything contained in the specified Act, stand extended to the 31st day of March, 2021, or such other date afte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g note of various intervening events and the ultimate date would thus fluctuate depending on the exclusions taken into account and applied. This cannot be equated to statutory prescription and the date of limitation is determined only by the main provision which is inflexible. 20. In the present case, the last date for completion of assessment as prescribed by Section 153B is within a period of twenty-one months from the end of the financial year in which the last of the authorisations for search under section 132 or for requisition under section 132A was executed. The last date of the 21 month period as prescribed admittedly falls on 30.09.2020. This date falls within the range of dates as stipulated in the TOLA, extended by virtue of subsequent notifications, to 30.09.2021. 21. The extension, by taking benefit of the period of interim protection will follow only thereafter. With this, the date stands extended by 16 months and 24 days to 20.04.2023. The orders of assessment have been passed on 29.01.2022, well within time. The differences between the parties in regard to the periods of interim protection are minor and rendered irrelevant in light of my conclusion that it i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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