ITAT determined the assessment order under s.153C r/w s.143(3) ...

Assessment Order u/s 153C Quashed: ITAT Rules 111-Day Delay Beyond December 2020 Deadline Makes Order Time-Barred.

January 27, 2025

Case Laws     Income Tax     AT

ITAT determined the assessment order under s.153C r/w s.143(3) for AY 2016-17 was barred by limitation. The order dated 21.04.2021 exceeded the statutory deadline of 31.12.2020 by 111 days. Following the legal maxim 'Expressio unius est exclusion alteris', when statute prescribes a specific timeframe, compliance is mandatory and no alternative method is permissible. The assessment should have been completed within prescribed 9 months or 21 months period, whichever is later, per s.153B. Since AO failed to pass the order within statutory limitation period, the assessment was quashed and appellant's appeal was allowed on grounds of time-barred proceedings.

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