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India-Hong Kong DTAA Info Clause Not Retrospective; ITAT Quashes Time-Barred Assessments
Case Law Details
- Case Name
- Sanjay Jain Vs DCIT (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2011-12
- Courts
- All ITAT, ITAT Delhi
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Sanjay Jain Vs DCIT (ITAT Delhi)
Exchange of information clause under India–Hong Kong DTAA not retrospective – Assessments beyond limitation quashed by Delhi ITAT
Assessee challenged the validity of assessments completed u/s153A r.w.s. 144 on the ground that they were barred by limitation. AO had claimed an extended limitation based on a reference made to Hong Kong under a tax treaty (DTAA).
A search was conducted on Assessee on 28.02.2017. Assessments for AYs 2011–12 to 2017–18 were completed on 24.12.2019. The normal time limit u/s153B expired on 31.12.2018. AO claimed an extension...
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