9911796707
TMI Blog2023 (11) TMI 757X X X X Extracts X X X X X X X X Extracts X X X X ..... O will have liberty to carry out scrutiny assessment; (ii) The time taken between the date when the proceedings were stayed and up until today will stand excluded; (iii) In terms of the first proviso appended to Explanation 1 of Section 153 of the Income Tax Act, 1961 [in short, Act ], the AO will have available to him 60 days for completion of assessment proceedings, which will commence from the date of receipt of a copy of the order passed today, and (iv) The assessment proceedings will be carried out having regard to the modified return filed by the petitioner. - HON'BLE MR. JUSTICE RAJIV SHAKDHER AND HON'BLE MR. JUSTICE GIRISH KATHPALIA For the Petitioner Through: Ms Kavita Jha and Mr Akash Shukla, Advs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also that in respect of an order of assessment relating to the assessment year commencing on or after the 1st day of April, 2021, the provisions of this sub-section shall have effect, as if for the words twenty-one months , the words nine months had been substituted. ... 5.2 Based on the said provision, Ms Jha says that the time limit for completing the assessment expires on 31.12.2022, although, the petitioner would have time to file the modified return in terms of Section 170A of the Act, as per the Central Board of Direct Taxes (CBDT) order dated 26.09.2022 [read with corrigendum dated 27.09.2022] issued under Section 119 of the Act till 31.03.2023. 6. Prima facie, according to us, if Section 170A of the Act, which is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ified return can now be subjected to assessment by the concerned Assessing officer (AO). 3.1 That this option is the correct course of action is sought to be supported by referring to paragraph 19 of the counter-affidavit filed on behalf of the respondents/revenue. 3.2 Mr Sanjeev Menon, learned standing counsel, who appears on behalf of the respondents/revenue, affirms this position. 4. For convenience, paragraph 19 of the counter-affidavit is extracted hereafter: 19. That, thus, this Hon ble Court, may remit the case for scrutiny assessment to the file of the assessing officer after excluding the period during which assessment was stayed, pursuant to the order of the Hon ble High Court dated 22.12.2023. Further, it is submitt ..... X X X X Extracts X X X X X X X X Extracts X X X X
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