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1 - 10 of 17 (0.25 seconds)Section 147 in The Income Tax Act, 1961 [Entire Act]
Section 149 in The Income Tax Act, 1961 [Entire Act]
Section 148 in The Income Tax Act, 1961 [Entire Act]
Commissioner Of Income-Tax vs Vaikundam Rubber Co. Ltd. on 22 September, 1999
Since, no contrary decision has been brought to
our notice on this point, therefore, we are bound to follow the decision
of Hon'ble kerala High Court in case of CIT Vs. Vaikundam rubber Co.
Ltd. (supra) and accordingly hold that the limitation for reassessment
has to be considered on the date when the ld. CIT (A) passed the order
in case of M/s Tirupati Automobiles Pvt. Ltd. which was subject matter
of appeal before the Tribunal in which the Tribunal passed the
directions on 26.03.2010. There is no dispute that the ld. CIT(A) in case
of M/s Tirupati Automobiles Pvt. Ltd. passed the order on 15.07.2009
and on that date the limitation for reassessment for the assessment
years 2001-02 & 2002-03 already expired as 6 years from the end of
the relevant assessment years expired on 31.03.2008 and 31.03.2009
respectively. Therefore, the limitation as on the date of the order
passed by the ld. CIT(A) dated 15.07.2009 was not available for
reassessment of this income for these two assessment years.
Commissioner Of Income-Tax vs G. Viswanatham on 27 November, 1987
But in that case, the Court found that even if the date is
construed as referring to the original order of assessment, the
proceedings will be barred.
Income-Tax Officer, "A" Ward And Ors. vs Eastern Coal Co. Ltd. (In Liquidation) on 4 December, 1973
Since, no contrary decision has been brought to
our notice on this point, therefore, we are bound to follow the decision
of Hon'ble kerala High Court in case of CIT Vs. Vaikundam rubber Co.
Ltd. (supra) and accordingly hold that the limitation for reassessment
has to be considered on the date when the ld. CIT (A) passed the order
in case of M/s Tirupati Automobiles Pvt. Ltd. which was subject matter
of appeal before the Tribunal in which the Tribunal passed the
directions on 26.03.2010. There is no dispute that the ld. CIT(A) in case
of M/s Tirupati Automobiles Pvt. Ltd. passed the order on 15.07.2009
and on that date the limitation for reassessment for the assessment
years 2001-02 & 2002-03 already expired as 6 years from the end of
the relevant assessment years expired on 31.03.2008 and 31.03.2009
respectively. Therefore, the limitation as on the date of the order
passed by the ld. CIT(A) dated 15.07.2009 was not available for
reassessment of this income for these two assessment years.