Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Income Tax - Highlights / Catch Notes

Home Highlights May 2024 Year 2024 This

The ITAT Delhi held that the assessment u/s 144C(13) was ...


ITAT Delhi held assessment u/s 144C(13) time-barred. Date of uploading the DRP order onto the ITBA portal deemed critical.

Case Laws     Income Tax

May 24, 2024

The ITAT Delhi held that the assessment u/s 144C(13) was time-barred, questioning the legality of the final assessment order. Referring to the case of GS Chatha Rice Mills, the crucial fact for the appeal was the date of uploading the DRP order onto the ITBA portal, which was unambiguously shown as 27th April 2022 in the intimation letter. All other submissions by the Respondents were considered, but the date of uploading the DRP order was deemed critical. As per section 144C(13), the assessment had to be completed by 31st May 2022, but in this case, it was finalized on 30th June 2022, making it time-barred and null. Consequently, the impugned assessment order dated 30th June 2022 was set aside as being barred by limitation, and the appeal of the assessee was allowed.

View Source

 


 

You may also like:

  1. Assessment u/s. 144C(13) - time limit for completion of the assessment order u/s. 144C(13) - The relaxation under TOLA would not be applicable to the assessment orders...

  2. Assessment u/s 144C(13) - Time limit for completion of assessments and reassessments - Sub-section (13) to Section 144C, in my view, imposes a restriction on the...

  3. Validity of assessment u/s. 144C(13) - Going by the mandate of sub-section (3) of section 144C(3)/144C(4), the AO was supposed to complete the assessment on the basis of...

  4. Validity of assessment order passed u/s. 143(3) r.w.s. 144C(13) read with section 144B - the assessment order has been passed beyond the time limit prescribed u/s....

  5. Assessment u/s 144C - It is not in dispute that if no directions are issued, AO need not wait u/s 144C (13). However, the fact remains that once objections are filed...

  6. Validity of assessment order passed u/s 144C - period of limitation - The ITAT Delhi found the final assessment order dated 30.06.2022 to be barred by limitation. It was...

  7. The Income Tax Appellate Tribunal (ITAT) held that the provisions of Section 13(1)(b) of the Income Tax Act can be invoked at the time of assessment, based on the...

  8. The ITAT reviewed a case regarding the exemption u/s 11 of the Act concerning non-charging of interest on advances for property purchase. The Assessee's society extended...

  9. TP Adjustment - applicability of Section 144C(13) - As provided in the Section 144C(13) of the Act, the final order of the Assessing Officer should be in conformity with...

  10. Treaty benefits - ‘gains from alienation of shares' - taxability or otherwise of capital gain from sale of equity shares under Article 13(4) of India-Mauritius DTAA -...

  11. The ITAT held that the CIT(E) erred in prematurely invoking Section 13(1)(c) and cancelling the provisional registration u/s 12AB without duly considering the charitable...

  12. Faceless assessment u/s 144B - time-limit to complete the assessment - Even if for a moment we hold that Relaxation Act is applicable to petitioner’s case, the...

  13. The ITAT addressed issues regarding exemption u/s 11 for excessive payments of salary and rent to persons specified u/s 13(3). The CIT(A) deleted the addition of...

  14. Customs broker's license revocation order set aside due to lack of evidence for alleged violations. Key findings: no proof of misdeclaration or undervaluation to...

  15. Validity of final assessment order passed u/s 143(3) r.w.s 144C - The view taken by DRP that it has no power to condone the delay is inasmuch as such power is absent...

 

Quick Updates:Latest Updates