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TMI Blog2024 (5) TMI 500X X X X Extracts X X X X X X X X Extracts X X X X ..... en after the said date are to be governed under the provisions of Section 144C. The objection of the petitioner that the petitioner ought not to have been proceeded under Section 144 C does not have merit. The assessment proceedings have been finalised u/s 144 C which is a machinery provision and in fact beneficial to the assessee. Therefore, find no substance in the 1st objection raised by the petitioner. Question of limitation - timeline has been given in the statement which would clearly state that the final order of assessment has been passed strictly in accordance with the provisions of Section 144C and the general provision of Section 153 or 153B would not be applicable in the present case . Therefore, the 2nd objection also does not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e under Sub-Section 15 (b) (ii) of Section 144 C w.e.f. 01.04.2020. In the present case, the assessment year is of the year 2018-19 and, therefore, the finalisation of the assessment of the petitioner for the said assessment year under the provisions of Section 144C is without jurisdiction. The next ground is that the final assessment order in Exhibit P-10 is dated 22.07.2022 and same is barred by limitation as per the provisions of Section 153 of the Act. It is submitted that as per the provisions of Section 143 and 144 of the Act, the assessment order required to be passed within a period of 18 months from the end of the assessment year. The 18 months period for the relevant assessment year i.e. 2018-19 would expire on 30.09.2020 and, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ses to make any variation after this date, in the case of eligible assessee, which is prejudicial to the interest of the assessee, the above provision shall be applicable. 5. In respect of the 2nd submission of the learned Counsel for the petitioner that the assessment order is barred by limitation, the learned Counsel for the Revenue has submitted that time line has been extracted in the statement which would disclose that the petitioner has sold the property on 31.01.2018 and he filed return of his income for the assessment year 2018-19 on 04.03.2019. Notices under Section 143 (2) and 142 (1) were issued to him and the petitioner has availed personal hearing on 20.09.2021 and on 28.09.2021. The draft assessment order passed under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isions of Section 144 C. The objection of the petitioner that the petitioner ought not to have been proceeded under Section 144 C does not have merit. The assessment proceedings have been finalised under Section 144 C which is a machinery provision and in fact beneficial to the assessee. Therefore, I find no substance in the 1st objection raised by the petitioner. 7. So far as the question of limitation is concerned, the timeline has been given in the statement which would clearly state that the final order of assessment has been passed strictly in accordance with the provisions of Section 144 C and the general provision of Section 153 or 153 B would not be applicable in the present case . Therefore, the 2nd objection also does not have mer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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