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2015 (11) TMI 805 - ALLAHABAD HIGH COURT

2015 (11) TMI 805 - ALLAHABAD HIGH COURT - TMI - Validity of assessment - period of limitation - whether extended period of limitation to complete the assessment is provided under Section 153 of the Income Tax Act? - Held that:- when the writ court while dismissing the writ petition by a judgment dated 13th January, 2000 directed the petitioner to reconsider the matter with regard to auditing the books of accounts under Section 142 (2A) of the Income Tax Act, no assessment proceeding could be co .....

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16th June, 2000 within the extended period of 2 months 6 days.

We are, consequently, of the opinion that assessment order was passed during the extended period of limitation as provided under Section 153(3) Explanation (1) (ii) of the Income Tax Act. - Decided in favour of the department. - Income Tax Appeal No. - 356 of 2005 - Dated:- 5-11-2015 - Hon'ble Tarun Agarwala And Hon'ble Vinod Kumar Misra, JJ. For the Appellant : R. S. Agrawal For the Respondent : S.C.,A. Kumar, A. .....

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ax Act. The petitioner, being aggrieved, filed a writ petition and obtained an interim order dated 19th September, 1986 staying further proceedings. Eventually, this writ petition was dismissed on 8th August, 1986. In the meanwhile, the statutory audit as per the requirement under the Companies Act was made in the petitioner's books of account. The petitioner made a request to the Assessing Officer that his statutory audited books of accounts may be considered in the assessment proceeding in .....

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issioner will reconsider the matter in the light of the A.O's with recommendation and pass appropriate order." Based on this direction, the Commissioner of Income Tax reconsidered the matter and passed an order dated 25th May, 2000 accepting the contention of the assessee and directed the Assessing Officer to consider the audited books of accounts of the assessee instead of getting the books of accounts again audited under Section 142 (2A) of the Income Tax Act. Based on the said direct .....

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ribunal, which was also dismissed, consequently, the present appeal under Section 260-A of the Income Tax Act was filed and was admitted on the following substantial questions of law: "A. Whether on the facts and in circumstances of the case, the Income tax Appellate Tribunal was correct in holding that the assessment made by the Assessing Officer on 16th June, 2000 is not barred by limitation in terms of the provisions of Section 153 sub-section (1) read with Explanation 1 thereof of the A .....

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e the assessment is provided under Section 153 of the Income Tax Act. The relevant section is Section 153 (3) Explanation 1 (ii) which provides that the period during which assessment proceeding was stayed by an order or injunction of any Court in computing the period of limitation would be excluded. According to the appellant, the extended period was two months six days to be calculated from 14th January, 2000 that is after the dismissal of the second writ petition by the High Court, which peri .....

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