Case Law Details
Rashidaben Taher Morawala Badri Mohalla Vs DCIT (ITAT Ahmedabad)
ITAT Ahmedabad held that the Assessing Officer is required to pass the assessment order within the time limit prescribed under section 153(1) of the Income Tax Act and hence any order passed belatedly is unsustainable in law.
Facts-
The assessee filed an appeal before the Commissioner of Income Tax (Appeals). The assessee challenged the validity of assessment order on the ground that the assessment order was required to be passed on 31.12.2017 for the Assessment Year 2015-16 but the same has been passed on 28.09.2018.
The assessee contended that the A.O. has referred the matter to DVO under section 50C of the Act hence no extension is granted under section 153(1) of the Act.
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