Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2022 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (10) TMI 540 - AT - Income TaxDemand u/s 201(1 )/201 (1 A) - jurisdiction on account of expiry of limitation - whether the limitation period would be two years or six years as per amendment and whether amendment applies retrospectively? - HELD THAT:- This issue is squarely covered in favour of the assessee by the order of the Tribunal in assessee’s own case passed [2022 (8) TMI 219 - ITAT DELHI] as ITAT had held that in similar circumstances in the similar period, the assessment order passed was held to be invalid as it was passed beyond the limitation period for two years. Following the precedent in assessee’s own case as above, we hold the assessment order passed in the present case on 05.03.2018 relating to the Assessment Year 2011-12, on the same reasoning is beyond limitation period and void ab intio. Following the decision of the Co-ordinate Bench, the appeal of the assessee stands allowed.
|