Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2012 (6) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (6) TMI 548 - ITAT, CHENNAIPeriod of limitation - Revisionary order passed u/s 263 on ground of erroneous deduction u/s 10B - order u/s 263 passed on 02.03.09 in respect of AY 97-98 of which assessment u/s 143(3) has been completed on 29.03.2000, which after litigation, reassessment and rectification proceedings attained finality on 04.05.2006 - Held that:- CIT has revised the assessment order passed on 4-5-2006. It is to be seen that the matters pointed out by the CIT for the purpose of revising the assessment order have already reached finality in the order dated 29-3-2000 passed u/s 143(3) and in the order passed to give effect to the order of the CIT (Appeals) on 2-7-2002. The order of the CIT (Appeals) was dated 23-5-2002. Thereafter, the issues pointed out by the CIT were never raised in any of the proceedings. Therefore, as far as these issues are concerned, the relevant assessment order is the order passed on 29-3-2000. It is thereafter, on 24-11-2008, that the notice u/s 263 was issued and the order u/s 263 was passed on 2-3-2009. It is very clear that the revision order passed by the Commissioner of Income-tax is time barred - Decided against the Revenue.
|