Wednesday, January 14, 2015

Section 153, read with section 263 of the Income-tax Act, 1961 - Income escaping assessment

IT : Where pursuant to revisional order, Assessing Officer passed consequential assessment order after expiry of nine months from end of relevant year in which revisional order was passed, it was to be annulled being barred by limitation
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[2015] 53 taxmann.com 80 (Lucknow - Trib.)
IN THE ITAT LUCKNOW BENCH 'A'
Income-tax Officer
v.
Jheendu Ram*
SUNIL KUMAR YADAV, JUDICIAL MEMBER
AND A.K. GARODIA, ACCOUNTANT MEMBER
IT APPEAL NO. 565 (LKW.) OF 2013
JUNE  13, 2014
Section 153, read with section 263 of the Income-tax Act, 1961 - Income escaping assessment - Time limit for completion of reassessment (Sub-section (2A) - Assessment year 2006-07 - Whether where in pursuance of revisional order, Assessing Officer passed a consequential assessment order after expiry of nine months from end of relevant assessment year in which said revisional order was passed, in view of second proviso to sub-section (2A) of section 153, consequential order so passed was to be annulled being barred by limitation - Held, yes [Para 8] [In favour of assessee] 

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