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Commissioner of Income Tax Versus Bata India Ltd.

2016 (7) TMI 517 - CALCUTTA HIGH COURT

Assessment u/s 153 - time barred or not - Held that:- The assessing officer had 60 days to complete the assessment from 25th November, 2002, that would give him time till 25th January, 2003 whereas the assessment was completed on 31st March, 2003. Therefore, the assessment was hopelessly barred by limitation and that is the view taken by the learned Tribunal. Mr.Nizamuddin, learned advocate appearing on behalf of the revenue has not been able to find any fault with the view taken by the learned .....

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f 2004 pertaining to the assessment year 1988-89 and Cross Objection No.144/Kol/2004 dismissed the appeal preferred by the revenue and allowed the Cross Objection preferred by the assessee on the following facts : On going through the sequence of events, we find that on 29.06.1988 the assessee filed return for assessment year 1988-89 and the assessment was to be completed by 31.03.1991. However, before the last date of completion of assessment the Assessing Officer issued a letter on 14.03.91 in .....

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special audit u/s. 142(2A) has been approved on the same terms and conditions as in earlier letter dated 06.03.1991. As such, the assessee was to obtain such report within four months from 08.11.2001. The assessee again filed petition before Hon ble Calcutta High Court on 24.12.2001. The Hon ble Calcutta High Court quashed the order of the Ld.CIT(A) dated 08.11.2001 on 09.09.2002. As such the assessment was to be completed by 20.09.2002 but as we have seen the assessment is completed much after .....

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on available to the assessing officer was for a period of 17 days under section 153. The order directing the special audit was quashed by the High Court on 9th September, 2002. Therefore, the assessment should have been completed by 26th September, 2002. Even assuming that the assessing officer was informed of the order dated 9th September, 2002 only on 25th November, 2002 and even assuming that the time will start from 25th November, 2002, the assessment should have been completed within 17 day .....

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