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2022 (4) TMI 1393 - HC - Income TaxValidity of assessment order u/s 144-C (4) - period of limitation - HELD THAT:- Neither Circular no.8/2021 nor notification no.74/2021 dated 25.6.2021 or press release dated 25.6.2021 would help respondent no.1. In Circular No. 8/2021 dated 30.4.2021, sub-clause (b) of Clause 1 only provides for objections to Dispute Resolution Panel u/s 144-C of the said Act for which, last date of filing under that Section is 1.4.2021 or thereafter may be filed within the time provided under that Section or by 31.5.2021 whichever is later. Therefore, it only provides for extension of time for filing of objections. It does not extend time for passing order under sub-section 4 of Section 144-C of the Act. In any case, even if, we proceed on the basis that, it would extend time to pass orders, still, as admitted in affidavit in reply itself, time to pass such order would have expired on 30.6.2021. Now coming to the notification no.74/2021 dated 25.6.2021 relied upon by respondent no.1, in our view that notification does not apply to assessment u/s 144-C of the Act. In fact press release clarifies “Extension of Timelines-….. provided through notification nos.74/2021 and 75/2021 dated 25.06.2021 …..”. None of the notifications referred in the press release pertains to any timeline prescribed u/s 144-C of the said Act. In the circumstances, we will have to agree with petitioner’s case that the assessment order dated 27.09.2021 has been passed beyond prescribed time limit. WP Allowed.
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