Section 153 Prevails over 144C assessment Time Limit even after a remand by ITAT

Shelf Drilling Ron Tappmeyer Limited Vs ACIT (Bombay High Court)

In the case of Shelf Drilling Ron Tappmeyer Limited Vs ACIT, the Bombay High Court deliberated on whether the time limit prescribed under Section 153 of the Act would supersede the assessment time limit under Section 144C.

HC held that the time limit prescribed under Section 153 prevails over the assessment time limit under Section 144C. The Assessing Officer (AO) must adhere to the time frame of Section 153(3) to complete the assessment, even after a remand by the ITAT. Failure to comply with the prescribed time limit may result in the assessment being considered time-barred, affecting the final order’s validity.

FULL TEXT OF THE JUDGMENT/ORDER OF BOMBAY HIGH COURT

By consent petition is taken up for final hearing at this stage of admission.

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