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IT Department’s Order Quashed as Giving Effect Order Was Passed Beyond Section 153(5) Time Limit
Case Law Details
- Case Name
- Nomura Rresearch Institute Financial Technologies India Pvt. Ltd Vs Union of India (Calcutta High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Calcutta High Court
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Nomura Rresearch Institute Financial Technologies India Pvt. Ltd Vs Union of India (Calcutta High Court)
Summary : The Court held that the order dated 9 December 2025 passed by the Assessing Officer giving effect to the appellate order for AY 2017-18 was barred by limitation under Section 153(5) of the Income Tax Act and was therefore void. The Commissioner of Income Tax (Appeals) had allowed the assessee’s appeal on 16 August 2022, and the order was received by the Commissioner on 31 August 2022. Consequently, the Assessing Officer was statutorily required to pass the giving effect orde...
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