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2017 (8) TMI 319 - AT - Income TaxBlock assessment u/s 158BC - extension of time limit for special audit - block assessment order passed beyond two years of the last of the authorisation even after excluding the period commencing from the day on which the AO directs the assessee to get his accounts audited under section 142(2A) - Held that:- Assessing Officer did not have the suo motu power to extend the time limit for special audit without the assessee applying for the same, and since the assessee has not applied before the Assessing Officer for extension of time for submission of the special audit report and the Assessing Officer does not have the power to suo motu extend the time limit then as per the provisions of law existing at that time, the limitation period for passing of assessment order runs from February 20, 2005 i.e., 60 days from February 20, 2005 and so the Assessing Officer ought to have passed the assessment order before April 21, 2005. Therefore we find force in the submission of the learned counsel for the assessee that since the Assessing Officer has passed the impugned assessment order only on July 18, 2005, the assessment order is barred by limitation and so we have no other alternative but to quash the same. Thus, the appeal of the assessee is allowed
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