Case Law Details
ADM Agro Industries Latur & Vizag Pvt. Ltd Vs DCIT (ITAT Delhi)
The grievance of the assessee is that impugned order passed by the A.O is illegal and barred by time. Section 154(7) of the Act prescribes the limitations for the passing order u/s 154 of the Act. For the sake of clarity, same is reproduced here as under:-
“(7) Save as otherwise provided in section 155 or subsection (4) of section 186, no amendment under this section shall be made after the expiry of four years from the end of the financial year in which the order sought to be amended was passed.”
A plain reading of the Section makes it clear no order can be made after the expiry of four years from the end of the Financial Year in which orders sought to be amended was passed. In this case, the Assessing Officer sought to amend the order dated 25/3/2013. Hence, the limitation would start from 1/4/2013 and would expire on 31st March, 2017. However, impugned order is dated 16/3/2016. Therefore, the grounds of the assessee are devoid of any merit. Hence, dismissed.
FULL TEXT OF THE ORDER OF ITAT DELHI
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