Tally for CAs in Industry Silver Edition (Single User) Tally Renewal (Auditor Edition) Need Tally for Clients? (Tie-up with us!!!)
Open DEMAT Account with in 24 Hrs and start investing now!
ITAT-Constitution of Benches »
Open DEMAT Account in 24 hrs
 Interest paid on Late Payment of Service Tax is a Deductible Business Expenditure: ITAT
 ITAT upholds Addition on Account of Unaccounted Cash as no mention of Agricultural Land on Translated Document
 Delay in filing of Income Tax Return due to Financial Difficulties: ITAT quashes Penalty
 ITAT deletes penalty on Undisclosed Income u/s 271AAA
 M/s Singh Consultancy Pvt. Ltd. 1106 Indra Prakash Building, 21 Barakhamba Road, New Delhi Vs. Income Tax Officer, Ward-8(4), New Delhi
 Penalty proceedings u/s 271(1)(c) not sustainable if reason not specified: ITAT
 Notice issued u/s 143(2) to be served upon the assessee within six months: ITAT
 Addition for Unexplained Cash Credit justified in respect of Unexplained Creditors shown as Bogus: ITAT
 Input Service Tax Credit is deductible u/s.37(1) when such Input Tax Credit is written off in Books of Accounts: ITAT
 ITAT allows Deduction u/s 35(1)(ii) on Account of Donation
 ITAT can t dismiss application merely on the basis of seeking frequent adjournments: Delhi High Court
 Society registered outside India not eligible for Income Tax Exemption: ITAT
 ITAT stays recovery of outstanding Tax Arrears to the tune of Rs.1260.56 Crores against Google India
 ITAT confirms disallowance of Advertisement Expenses relating to Construction of Swimming Pool Setback to Himalaya
 ITAT grants relief to Atos India Assessment framed for Non-Existent Authority is null & Void

Notice issued u/s 143(2) to be served upon the assessee within six months: ITAT
March, 18th 2021

The Income Tax Appellate Tribunal (ITAT), Delhi Bench ruled that the notice issued under section 143(2) of the Income tax Act to be served upon the assessee within six months.

The assessee, Sajan Kumar Jain challenged the jurisdiction of the Assessing Officer by raising the additional ground of appeal that CIT-A erred in sustaining the order passed by AO under section 143(3) without appreciating that as stated in the opening portion of the impugned assessment order regular return under section 139(1) of the Act was submitted on March 20, 2017, and notice under section 143(2) is admittedly issued as noted at second page of the assessment order, which is manifestly time barred as last date for issuance of notice under section 143(2) as reckoned for period under consideration (which is search year) from March 31, 2017 would be September 30, 2017 and so notice under section 143(2) issued on October 16, 2017 is time-barred and accordingly assessment framed under section 143(3) and order of CIT-A may be quashed.

 

The original return of income under section 139(1) of the Income-tax Act, 1961 was filed on March 20, 2017 declaring income of Rs. 6.22 crores. The said return of income was processed under section 143(1) of the Act on May 20, 2017. Subsequently, pursuant to search and seizure operation under section 132 of the Act, which was carried out on November 18, 2015, the case of the appellant was centralised from Circle -1 Faridabad to Central Circle 25, New Delhi.

The coram of Bhavnesh Saini and N.K.Billaiya quash the assessment order framed under section 143(3) of the Act for want of jurisdiction as notice issued under section 143(2) of the Act is barred by limitation.


Home | About Us | Terms and Conditions | Contact Us
Copyright 2021 CAinINDIA All Right Reserved.
Designed and Developed by Ritz Consulting