2023 (1) TMI 1368

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..... come Tax Appellate Tribunal, therefore, provisions of section 153(3)(ii) is applicable in this case where no time limit is applicable - tribunal had noted the factual position and held assessment made on the respondents/assessee is barred by limitation but revenue seeks to take advantage of Section 153(3)(ii) - HELD THAT:- As very same contention was raised by the revenue before the CIT (Appeals) .....

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..... appears for the respondent. Since we are inclined to take up the appeal for consideration we exercise discretion and condone the delay in filing the appeal. Accordingly, the application is allowed. This appeal filed by the revenue under Section 260A of the Income Tax Act, 1961, (the Act), is directed against the order dated 22.1.2020 passed by the Income Tax Appellate Tribunal, B Bench, Kolkata ( .....

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..... s for the respondent. On perusal of the order passed by the learned Tribunal we find that Tribunal had noted the factual position and held assessment made on the respondents/assessee is barred by limitation. The revenue seeks to take advantage of Section 153(3)(ii) of the Act. The very same contention was raised by the revenue before the Commissioner of Income Tax (Appeals) 20 Kolkata in the appea .....

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