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2019 (1) TMI 1911 - AT - Income TaxReopening of assessment u/s 147 - Special audit u/s 142(2A) - period for submission of special audit report - time barring assessment order passed after the prescribed limit i.e. 60 days from the date on which the appellant was required to submit the special audit report - HELD THAT:- The time period commencing from the date on which the AO directed the assessee to get its accounts audited under sub-section (2A) of Section 142 of the Act, was 21st December, 2011 and ending with the last date on which the assessee was required to furnish a report of such audit was 21st March, 2012 in the instant case. As the notice u/s 148 was issued on 29.04.2010, therefore the assessment was supposed to completed within 09 months from the end of the F.Y. in which the notice u/s 148 was served which in the instant case was 31st December, 2011. However, on 21st December, 2011, the assessee was directed to get its account audited u/s 142(2A) of the Act with a direction to file audit report within 90 days i.e. on or before 21st March, 2012 and thereafter, the time gets expired. However, it is the case of the Revenue Department that the time for filing of the audit report u/s 142 (2A) was extended by the Assessing Officer on 10.04.2012 for a period of 45 days which was expiring on 05.05.2012. Admittedly the order dated 20-04-2012, does not find mention in the assessment order and the Revenue Department neither established the service of the said extension order upon the assessee nor brought any of the records such as receipt and dispatch register and/or any document maintained for dispatch of the letter dated 20.04.2012 or otherwise in normal routine, by which the existence and validity of the said order could be established. We are in agreement with the stand of the Revenue department that even in the absence of application by the assessee, the Assessing Officer can extend the period for submission of special audit report, however in the instant case, order u/s 142(2A) was passed on 21st Dec. 2011 and time limit for filing of the audit report was fixed as 90 days from the receipt of the order which was expired on 21st March, 2012 and up to 9th April, 2012, nothing happened, neither the assessee filed an application of extension of the time for filing of special audit report and/or not extended suo moto by the Assessing Officer, therefore, once the time limit gets expired by efflux of time, then the Assessing Officer is not empowered to extend it further, therefore on this reason also, the assessment order is void and cannot be acted upon. Hence under the peculiar facts and circumstances of the instant case and in view of considerations, deliberations and analyzations made above, the assessment order being void passed after the time prescribed under the law, consequently liable to be quashed and therefore quashed accordingly.
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