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2023 (1) TMI 1368 - CALCUTTA HIGH COURTAssessment barred by limitation - as argued only the disputed purchase cases related issue was restored by the Income Tax Appellate Tribunal, therefore, provisions of section 153(3)(ii) is applicable in this case where no time limit is applicable - tribunal had noted the factual position and held assessment made on the respondents/assessee is barred by limitation but revenue seeks to take advantage of Section 153(3)(ii) - HELD THAT:- As very same contention was raised by the revenue before the CIT (Appeals) who after noting the facts held that the provisions of Section 153(3)(ii) of the Act are not attracted in the facts and circumstances of the case on hand placing case of W.C. Shaw Pvt. Ltd. [2005 (1) TMI 318 - ITAT CALCUTTA-B]. Thus we find that both the Commissioner of Income Tax (Appeals) as well as the Tribunal had taken note of the factual position and held the assessment to be barred by time. Hence, we find there is no substantial questions of law arising for consideration in this appeal.
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