TMI Blog2010 (8) TMI 125X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 153(1)(a) - Held that: - the order of assessment has been passed in violation of the period prescribed in the aforesaid provision of the Income Tax Act, therefore, the same cannot be sustained. - if the assessment is barred by time, no effect can be given to the other decision on merits - The order passed by the Assessing Officer, First Appellate Authority and the Income Tax Appellate Tri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts of the case the assessment order dated 26.10.2004 itself, passed without jurisdiction is a nullity, in view of the settled principles of law as well as statutory provision of the clause (a) of Sub Section (1) of Section 153 of Income Tax Act, 1961? The return of income for the assessment year 2001-02 under Section 139 was filed on 31.10.2001. It was processed under Section 143(1) on 26.12.0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... income was first assessable." Obviously, in the instant case, the order of assessment has been passed in violation of the period prescribed in the aforesaid provision of the Income Tax Act, therefore, the same cannot be sustained. In the case of Commissioner of Income-tax, Delhi, Central-I v. Escorts Farms P. Ltd., 1989 (180) ITR 0280 Del., the Court observed as under: "In our opinion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cceeds, then the decision on merits of the various appellate authorities would automatically remain." In view of the aforesaid facts and legal position, the appeal deserves to be allowed. The order passed by the Assessing Officer, First Appellate Authority and the Income Tax Appellate Tribunal are liable to be set aside, which are hereby set aside. The appeal is allowed. - - TaxTMI - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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