2004 (7) TMI 43 - HC - Income Tax

Rajasthan High Court deems income tax order illegal due to expiry of limitation period

Commissioner of Income-Tax Versus Jodhan Real Estate Development Corporation P. Ltd.

The High Court of Rajasthan held that the order passed under section 104 of the Income-tax Act, giving effect to the order of the Commissioner of ... 'Whether, the order passed by the Assessing Officer on May 31,1982, u/s 104, is within the limitation under section 106(b)?' - appellant submits that in view of S. 106(b), the order is within time as that has been passed within a year from the date of the reassessment order passed by AO giving effect to the order in appeal - In the case in hand, when the limitation for giving effect to the order of the Commissioner of Income-tax (Appeals) should be passed on or before March 31, 1982, the order under section 104 to give effect to the order of the Commissioner of Income-tax (Appeals) has been passed on May 31, 1982, thus, the order of the Assessing Officer dated May 31,1982 is beyond limitation and, thus, Illegal. In the result, we see no reason to interfere in the impugned order. The appeal stands dismissed. Issues:1. Interpretation of limitation period under section 106 of the Income-tax Act for orders under section 104.2. Validity of a fresh order under section 104 giving effect to the order of the Commissioner of Income-tax (Appeals) within the prescribed limitation period.Analysis:Issue 1: Interpretation of limitation period under section 106 of the Income-tax Act for orders under section 104:The case involved a dispute regarding the interpretation of the limitation period under section 106 of the Income-tax Act for orders under section 104. The appellant argued that the fresh order passed under section 104 was within the limitation period as it was passed within a year from the date of the reassessment order. The appellant contended that the one-year period should be counted from the date of the reassessment order, which was March 27, 1982. On the other hand, the counsel for the assessee argued that the provisions of section 106 pertain to assessment and reassessment orders, not to fresh orders giving effect to the order in appeal. The counsel further argued that the period could be counted in accordance with section 153(2A) of the Act, which also expired on March 31, 1982.Issue 2: Validity of a fresh order under section 104 giving effect to the order of the Commissioner of Income-tax (Appeals) within the prescribed limitation period:The court examined the relevant provisions of section 106 of the Act, which specify the period of limitation for making orders under section 104. The court noted that the word 'assessment' and 'reassessment' are defined in the Act, but the order passed in consequence of an appeal order is not explicitly defined. However, the limitation for such orders is provided in section 153(2A) of the Act, which allows for a two-year period for fresh assessments. In this case, the appeal order was passed on March 31, 1980, and the two-year period should be counted from April 1, 1980, thereby expiring on March 31, 1982. As the order under section 104 giving effect to the appeal order was passed on May 31, 1982, it was deemed to be beyond the limitation period and, therefore, illegal. Consequently, the court dismissed the appeal, finding no reason to interfere with the impugned order.In conclusion, the High Court of Rajasthan upheld that the order passed under section 104 of the Income-tax Act, giving effect to the order of the Commissioner of Income-tax (Appeals), was beyond the prescribed limitation period and, therefore, illegal. The court's decision was based on a comprehensive analysis of the relevant provisions of the Act and the interpretation of the limitation period for such orders, ultimately leading to the dismissal of the appeal.