ITO Sendhwa, Sendhwa V. Ms/s. North Avenue Infrastructure (P) Ltd., Barwani

ITA 786/Ind/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 5706 (ITAT-INDORE)
• Duration Of Justice: 3 year(s) 1 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-09-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 08-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Period of limitation; Time period of passing order
• Section: 148; 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE Ms. MADHUMITA ROY, JUDICIAL MEMBER & SHRI BHAGIRATH MAL BIYANI, ACCOUNTANT MEMBER I.T.A. No.786/Ind/2019 a/w. CO No. 14/Ind/2020 (Assessment Year: 2012-13) Income Tax Officer Sendhwa, District – Barwani, M.P. Vs. M/s. North Avenue Infrastructure Private Ltd. 01, Bawangaja Road, Barwani, M.P. PAN No.AADCN1189P (Appellant/Respondent) .. (Respondent/Cross Objector) Revenue by : Shri Ashish Porwal, Sr.D.R. Assessee by : None Date of Hearing 15.09.2022 Date of Pronouncement 19.09.2022 O R D E R PER Ms. MADHUMITA ROY - JM: The instant appeal filed by the Revenue and the Cross Objection filed by the assessee are directed against the order dated 31.05.2019 passed by the Commissioner of Income Tax (Appeals)-II, Indore (in short ‘CIT(A)’), arising out of the order dated 30.11.2018 passed by the Income Tax Officer, Sendhwa ITA No.786/Ind/2019 a/w. CO No. 14/Ind/2020 (ITO vs. M/s. North Avenue Infrastructure P. Ltd.) Asst.Year.– 2012-13 - 2 - under section 143(3) r.w.s. 147 of the Income Tax Act, 1961 (hereinafter referred as to ‘the Act’) for Assessment Year 2012-13. 2. Since, the assessee has challenged the maintainability of the proceedings initiated under S.148 of the Act, we would like to address the same at the very threshold. 3. The original assessment was made by the Ld.AO on 30.11.2018 for A.Y. 2012-13. The notice under Section 148 of the Act was issued on 12.12.2017 after approval granted by the Pr.CIT -2, Indore vide letter dated 16.08.2017 as it is reflecting from the order passed by the Ld.AO. Since, the notice under Section 148 of the Act is supposed to be issued by 31 st March, 2017, the issuance of notice under Section 148 of the Act is admittedly beyond limitation period prescribed under the statute. Hence, the reopening is not sustainable in the eye of law as the case made out by the assessee. 4. The Ld.DR also has not been able to controvert such submissions made by the Ld.AR at the time of hearing of the matter. 5. Thus, having heard the learned counsel appearing for the parties and having regard to the facts and circumstances of the case, we find that the very basis of the re-assessment, assessment being notice under Section 148 of the Act has been issued beyond limitation prescribed under the law, the same is admittedly not sustainable and therefore, the entire proceeding is liable to be quashed. We, therefore, quash the proceedings initiated under Section ITA No.786/Ind/2019 a/w. CO No. 14/Ind/2020 (ITO vs. M/s. North Avenue Infrastructure P. Ltd.) Asst.Year.– 2012-13 - 3 - 147/148 of the Act. The departmental appeal, therefore, become infructuous and the Cross Objection filed by the assessee is allowed. 6. In the result, Revenue’s appeal is dismissed as infructuous and assessee’s cross objection is allowed. This Order pronounced in Open Court on 19/09/2022 Sd/- Sd/- (BHAGIRATH MAL BIYANI) (MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER Indore; Dated 19/09/2022 S. K. Sinha, Sr. PS TRUE COPY आदेश कᳱ ᮧितिलिप अᮕेिषत/Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant 2. ᮧ᭜यथᱮ / The Respondent. 3. संबंिधत आयकर आयुᲦ / Concerned CIT 4. आयकर आयुᲦ(अपील) / The CIT(A)- 5. िवभागीय ᮧितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Indore 6. गाडŊ फाईल / Guard file. आदेशानुसार/ BY ORDER, (Dy./Asstt.Registrar) ITAT, Indore