Case Law Details
Indian Renewable Energy Development Agency Ltd Vs PCIT (Delhi High Court)
In a recent ruling, the Delhi High Court addressed a writ petition with substantive prayers seeking relief for the petitioner against the notice dated 19.07.2018 issued by Respondent No.1. The petitioner sought the quashing of the notice aiming to revive time-barred assessment proceedings for the assessment years 1998-99 to 2009-10. The court was urged to declare the pending proceedings as barred by limitation, direct the acceptance of the petitioner’s returned income, and grant a stay on the operation of the impugned notice.
The court had initially issued a notice on 08.08.2018, permitting the respondents/revenue to proceed with the assessment order but with a condition not to enforce it. Additionally, no coercive action was to be taken against the petitioner.
The core contention of the petitioner was rooted in the expiration of the limitation under Section 153(2)(A)/153(3) of the Income Tax Act, 1961. The petitioner argued that, following orders from the Income Tax Appellate Tribunal, the Assessing Officer (AO) lacked jurisdiction to pass a fresh assessment order.
To provide context, the petitioner had filed returns for Assessment Year (AY) 1998-99 to AY 2009-10, which were subjected to scrutiny, leading to separate assessment orders under Section 143(3) of the Act.
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