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2022 (9) TMI 980 - HC - Income TaxValidity of orders passed u/s 201(1) and 201(1A) - Assessment u/s 153(2A) as time barred - whether Tribunal is right in law in setting aside the order passed under section 201(1) and 201(1A) of the Act by holding that said orders are time barred by relying on the provision 153(2A) of the Act ? - as per DR provisions of section 153(2A) is applicable only in relation to passing of fresh assessments/re-assessments and not orders passed under section 201(1) and 201(1A) of the Act? - HELD THAT - ITAT placed reliance on Jodhana Real Estate 2004 (7) TMI 43 - RAJASTHAN HIGH COURT wherein the orders under consideration were passed under Section 143(3) and Section 104 of the Act. In contradistinction in the case on hand orders have been passed by the Assessing Officer on 30.03.2011 under Section 201 and 201(A) of the Act. The proviso is unambiguous. For the financial year commencing before 01.04.2007 orders could be passed any time on or before 31.03.2011. Admittedly the assessment year under consideration is for 1996-97 and the same is prior to financial year before 01.04.2007. In view of the unambiguous language employed by the Legislature no exception can be taken to the order passed by the AO The authorities relied upon by the the assessee in support of his contention that the AO ought to have passed the orders within a reasonable time do not lend any support to the assessee because statute permitted the AO to pass orders before 31.03.2011. - Decided in favour of the Revenue and against the assessee.
Issues:
1. Interpretation of the applicability of Section 153(2A) of the Income Tax Act in setting aside orders passed under Section 201(1) and 201(1A). 2. Timeliness of passing orders under Section 201 and 201(1A) of the Act. Analysis: 1. The primary issue in this case revolved around the interpretation of the applicability of Section 153(2A) of the Income Tax Act in setting aside orders passed under Section 201(1) and 201(1A). The Revenue contended that the Tribunal erred in holding the orders beyond the period of limitation, citing the case of Commissioner of Income-Tax Vs. Jodhana Real Estate Development Corporation Pvt. Ltd. The Tribunal, however, relied on the Jodhana Real Estate case and quashed the orders passed by the Assessing Authority under Section 201 and 201(1A) as time-barred. 2. The Court examined the provisions of Section 201(3) of the Act in detail to determine the timeliness of passing orders under Section 201 and 201(1A). The Court noted that the proviso under Section 201(3) allowed orders to be passed for the financial year commencing before 01.04.2007 any time on or before 31.03.2011. Since the assessment year in question was 1996-97, falling before the specified financial year, the Court found no exception to the order passed by the Assessing Officer. 3. The Court also addressed the argument put forth by the learned Senior Advocate for the assessee regarding the necessity for the Assessing Officer to pass orders within a reasonable time. The Court emphasized that the statute permitted the Assessing Officer to pass orders before 31.03.2011, and therefore, the authorities cited by the assessee did not support the contention that the orders were untimely. 4. Ultimately, the Court allowed the appeal, answering the question of law in favor of the Revenue and against the assessee. The common order passed by the ITAT related to the assessment year 1996-97 was set aside, and the order passed by the Assessing Officer on 30.03.2011 was restored. In conclusion, the judgment clarified the interpretation of relevant provisions of the Income Tax Act regarding the timeliness of passing orders under Section 201(1) and 201(1A) and upheld the order passed by the Assessing Officer in this case.
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