2012 (6) TMI 888 - AT - Income Tax

Tribunal overturns assessment for 2005-06 due to late dispatch, upholding time limits for assessments

M/s. Dilip Mohan Seth Versus Income Tax Officer,

The Tribunal allowed the appeal filed by the assessee, quashing the assessment for the assessment year 2005-06. The Tribunal determined that the ... - Issues involved: Assessment barred by limitation.Summary:The appeal was filed by the assessee against the order of the Commissioner of Income Tax (Appeals) for the assessment year 2005-06, claiming that the assessment was barred by limitation as the order was served after the deadline. The assessee argued that the assessment order was received on 25.01.2009, after the deadline of 31.12.2008. The Revenue contended that the assessee failed to provide evidence to support the claim of the assessment being barred by limitation. The Tribunal examined the issue and found that the assessment order was dispatched on 21.01.2009 and received by the assessee on 25.01.2009, concluding that the assessment was indeed passed after the statutory time limit. Relying on a decision of the Hon'ble Punjab & Haryana High Court, the Tribunal held that the assessment was barred by limitation and quashed the assessment.The Tribunal considered the evidence presented, including the dispatch register and issue of assessment order for the relevant year, and determined that the assessment order was dispatched after the statutory time limit. Citing a previous decision of the Hon'ble Punjab & Haryana High Court, the Tribunal emphasized the importance of meeting statutory time limits for assessments. Based on the evidence and legal precedents, the Tribunal concluded that the assessment in question was indeed barred by limitation and therefore allowed the appeal filed by the assessee, resulting in the quashing of the assessment.