TMI Blog2022 (3) TMI 537X X X X Extracts X X X X X X X X Extracts X X X X ..... from the end of financial year of 2014-15 i.e. 31.12.2015 or twenty-one months from the end of financial year in which last of the authorisation and search were made, whichever is later. In this case, these two relevant dates were 31.12.2015 and 31.12.2014 respectively. The assessing officer had to pass the order of assessment latest by 31.02.2015. He completed the assessment on 31.03.2016, which was clearly time-barred. No question of law arises. - D. B. Income Tax Appeal No. 9/2021 - - - Dated:- 5-3-2022 - HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI And HON'BLE MS. JUSTICE REKHA BORANA For the Appellant : Mr. K.K. Bissa, AGC. For the Respondent : Mr. Anjay Kothari ORDER This appeal is filed by the Revenue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssioner (Appeals) are quoted below: 4.3. Before I proceed to decide the issue regarding timelimit for completion of this assessment u/s. 153C of the Act, it would be appropriate to refer to the provisions of sec. 153B of the Act which is relevant to the issue at hand. Section 153B of the Act reads as under:- [Time-limit for completion of assessment under section 153 A.] (1) Notwithstanding anything contained in section 153, the Assessing officer shall make an order of assessment or reassessment, - a) in respect of each assessment year falling within six assessment years referred to in clause (b) of [subsection (1) of section 153A], within a period of two years from the end of the financial year in which the last of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the period of twenty-one months from the end of the financial year in which the last of the authorisations for search under section 132 or for requisition under section 132A was executed or nine months from the end of the financial year in which books of account or documents or assets seized or requisitioned are handed over under section 153C to the Assessing Officer having jurisdiction over such other person, whichever is later :] [Provided also that in case where the last of the authorisations for search under section 132 or for requisition under section 132A was executed during the financial year .. 4.3.1. The prominent facts as extracted from the assessment order and assessment records of this case are that search u/s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the order has been passed beyond the limitation date and is time-barred. An order which is barred by limitation is not a valid order and is liable to be quashed. The revenue challenged the order of the Commissioner (Appeals) before the Tribunal. The Tribunal dismissed the appeal, upon which this appeal has been filed before the High Court. In this appeal, two main grounds are raised. One, that the Commissioner (Appeals) committed an error in entertaining the ground of assessment order being time-barred at the appellate stage when such ground was not raised before the assessing officer. The second challenge is to the very interpretation of the time-limit provision contained in the Act adopted by the Commissioner and the Tribunal. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... here the last of the authorisations for search under Section 132 or for requisition under Section 132A was issued during the financial year commencing on first day of April 2004 for such subsequent financial year, as per sub-clause (ii), the period of limitation for making assessment or re-assessment in case of other person referred to in Section 153C would be twenty-one months from the end of the financial year in which the last of the auhorisations for search under Section 132 or for requisition is made under Section 132A was issued or nine months from the end of the financial year in which books of account or documents or assets seized or requisitioned are handed over under Section 153C to the assessing officer having jurisdiction over s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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