DCIT Vs Alankit Assignments Ltd. (ITAT Delhi)
153A Checkmate: AY 2010-11 Falls Outside 10-Year Net, Pendency of SLP Can’t Revive a Dead 153A Assessment – Revenue Appeal Dismissed
Revenue appealed against the order of CIT(A)-25 dated 28.02.2025 wherein assessment framed u/s 153A on 24.05.2022 was quashed by holding that proceedings for AY 2010-11 were barred by the extended 10-year limitation prescribed in Explanation 1 to Section 153A(1). CIT(A) computed the outer time-limit & concluded that the year under consideration falls beyond 10 years; therefore jurisdiction itself was absent.
Tribunal noted that CIT(A) followed the binding judgment of Delhi High Court in Ojjus Medicare Pvt Ltd, which holds that assessments beyond the statutory 10-year outer limit cannot survive. Revenue argued pendency of an SLP & contended that additions were otherwise correct on merits, but Tribunal held that no contrary precedent or factual distinction was shown. Tribunal found no error in CIT(A)’s conclusion that the assessment was time-barred & hence void. Accordingly, Revenue’s grounds were dismissed & CIT(A)’s order was upheld.
FULL TEXT OF THE ORDER OF ITAT DELHI
The captioned appeal is filed by the Revenue against the order of Ld. Commissioner of Income Tax (Appeals)-25 (‘Ld. CIT (A)’ for short), New Delhi dated 28/02/2025 for the Assessment Year 2010-11.
