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Income Tax

Revenue’s Appeal Dismissed as Year Falls Beyond 10-Year 153A Scope

Case Law Details

TaxGuru Citation
2025 taxguru.in 12441
Case Name
DCIT Vs Alankit Assignments Ltd. (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2010-11
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DCIT Vs Alankit Assignments Ltd. (ITAT Delhi)

153A Checkmate: AY 2010-11 Falls Outside 10-Year Net, Pendency of SLP Can’t Revive a Dead 153A Assessment – Revenue Appeal Dismissed

Revenue appealed against the order of CIT(A)-25 dated 28.02.2025 wherein assessment framed u/s 153A on 24.05.2022 was quashed by holding that proceedings for AY 2010-11 were barred by the extended 10-year limitation prescribed in Explanation 1 to Section 153A(1). CIT(A) computed the outer time-limit & concluded that the year under consideration falls beyond 10 years; therefore jurisdiction itself was absent.

Tribunal noted that CIT(A) followed the binding judgment of Delhi High Court in Ojjus Medicare Pvt Ltd, which holds that assessments beyond the statutory 10-year outer limit cannot survive. Revenue argued pendency of an SLP & contended that additions were otherwise correct on merits, but Tribunal held that no contrary precedent or factual distinction was shown. Tribunal found no error in CIT(A)’s conclusion that the assessment was time-barred & hence void. Accordingly, Revenue’s grounds were dismissed & CIT(A)’s order was upheld.

FULL TEXT OF THE ORDER OF ITAT DELHI

The captioned appeal is filed by the Revenue against the order of Ld. Commissioner of Income Tax (Appeals)-25 (‘Ld. CIT (A)’ for short), New Delhi dated 28/02/2025 for the Assessment Year 2010-11.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,844

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