Case Law Details
CIT Vs. Goyal M.G. Gases Pvt Ltd (Delhi High Court) – Even if there is no period of limitation prescribed u/s153 (3)(ii) to give effect to s. 263 orders, the AO is required to pass the order within a ‘reasonable period’. Non-specification of period of limitation does not mean that the AO can wait for indefinite period before passing the consequential order. On facts, the period of 3 years & 8 months that had elapsed since the passing of the s. 263 order was ‘certainly much beyond the reasonable period that can be allowed to the AO to pass the consequential order’. As the s. 263 order was rightly held to be infructuous, the effect order passed thereafter is not valid.
IN THE HIGH COURT OF DELHI AT NEW DELHI
I.T.A. No. 335/2011
Date of Decision: 23.02.2011
Commissioner of Income Tax Versus Goyal M.G. Gases Pvt. Ltd.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
