Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Income Tax Act 1961 — ss.124 125A 144B and 133 - Limitation for completion of assessment — Computation of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Income Tax Act, 1961 — ss.124, 125A, 144B and 133 - Limitation for completion of assessment — Computation of — Exclusion of the period, from the date of draft order u/s. 144B(1) sent by ITO to Inspecting Assistant Commissioner (IAC), to the date ITO receives direction from IAC w/s 144B(4) - Whether the exclusion period is applicable when the IAC is conferred concurrent jurisdiction as ITO u/s, 125A — In the present case, plea of assessee that IAC having been conferred with power of ITO approval of IAC was not applicable and hence the assessment order was time-barred — Held: Mere conferment of power of ITO on IAC would not denude the IAC of his power u/s 144B — Power of IAC u/s 144B would not apply only when the IAC exercises the powers or performs the functions of an ITO in pursuance of order u/s. 125 or s.125A — IAC had not exercised the powers or performed the function of an ITO — Therefore, the period during which the draft assessment order was pending with him, would be excluded from limitation period — Thus, the assessment order is not time-barred. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2016 INSC 358 |
Petitioner | Commissioner Of Income Tax, Gujarat Central |
Respondent | Saurasthra Cement & Chem. Industries Ltd. |
SCR | [2016] 4 S.C.R. 867 |
Judgement Date | 2016-05-02 |
Case Number | 2984 |
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