Assessment Invalid Where Department Could Not Prove Timely Issue of Order: ITAT Bangalore

H. Srinivas Reddy Vs ACIT (ITAT Bangalore) Assessment order was time-barred if there were no credible evidence to prove that same was issued before deadline Conclusion: Where tax department could not provide credible evidence to prove that the order was “issued” in a search assessment order —meaning it physically left the control of AO within the statutory time limit prescribed under Section 153B, the assessment order was declared barred by limitation and was held to be void ab initio. Held: An assessment order under Section 153A was passed against the assessee following a search ass...