Case Law Details
Sanmina-SCI Technology India Private Ltd. Vs ACIT (Madras High Court)
Explanation 2(c) to Section 147 will not come to the aide of the relevance as, while the income chargeable has been made subject to excessive relief, the explanation cannot override the statutory prescription of limitation as set out in the proviso to Section 147. The purpose of the Explanation is merely to explain the scope of re-assessment as set out in the statutory provision and not to expand on or tinker with the limitation set out thereunder.
FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT
Heard Mr. N.V.Balaji, learned counsel for the petitioner and Mr. A.P.Srinivas, learned Senior Standing Counsel for the respondents.
2. The petitioner has filed the present writ petitions challenging proceedings under Section 147 of the Income Tax Act, 1961 (in short ‘Act’) for re-assessment in relation to assessment year 2013-14. W.P.No.35909 of 2019 is dismissed as infructuous seeing as it challenges an order dated 27.12.2019 that stands telescoped in order of assessment dated 29.12.2021. Though an interim stay was obtained initially, the Department proceeded to pass a final order of assessment, which has come to be challenged in W.P.No.954 of 2020 which is decided by way of the following order.
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