TaxTMI 
TaxTMI 
2023 (6) TMI 1210
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.... Cross Objections (COs) in revenues appeals by assessee are directed against the separate orders of Ld. Commissioner of Income-tax (Appeals)-4 Surat [for short to as Ld. CIT(A)"] dated 16.08.2022, which in turn arise out of separate assessment orders passed by the Assessing Officer under section 143(3) r.w.s 147 r.w.s. 263 of the Income Tax Act, 1961 dated 21.06.2021 and 23.04.2021 for assessment years (AYs) 2012-13 and 2014- 15 respectively. 2. In all cross-appeals and assessee's COs, both parties have raised certain common and identical grounds of appeals, except variation of additions on account of bogus purchases, facts in all appeals are almost common, therefore, with the consent of parties, all the appeals and Cos were clubbed, heard....
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....efore the order is bad in law and subsequent action thereto is void ab initio. 5. For assessment year 2014-15, the Ld. AR for the assessee submits that for assessment year 2014-15, the assessee filed its return of income under section 139(1) on 24.09.2014 and initially assessment under section 143(3) was completed on 25.11.2016, which was revised by Ld. PCIT by invoking his power under section 263 of the Act on 08.03.2019. The time limit under section 153(3) for completion of re-assessment in terms of direction of Ld. PCIT was upto 31.12.2019 i.e., within nine months from the end of financial year in which the order passed under section 263 of the Act by Ld. PCIT. The assessment order under section 143(3) r.w.s. 263 of the Act on 23.04.202....
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....ssion, Ld. AR for the assessee relied upon the decision of Hon'ble Apex Court in the case of National Thermal Power Co. Ltd. vs. Commissioner of income-tax (1998) 229 ITR 383 (SC). 8. We have considered the rival submissions of both the parties and have gone through the orders of authorities below. We find that assessee has raised following ground in its Co(s); C.O.No.09/SRT/2023 (A.Y 12-13) in ITA No. 313/SRT/2022 The appellant prefers an cross objection appeal against an order passed by Ld. Commissioner of Income Tax (Appeal)-4, Surat dated 16/08/2022 on following amongst other grounds each of which are without prejudice to any other:- Additional Ground 1.0 On facts and circumstances of the case and in law, the reassessmen....
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....purchase. The appellant craves leave to add, amend, alter, and/or withdraw any of the grounds of appeal at the time of hearing." C.O No.10/SRT/2023 (A.Y 14015) in ITA No. 314/SRT/2022 The appellant prefers an cross objection appeal against an order passed by Ld. Commissioner of Income Tax (Appeal)-4, Surat dated 16/08/2022 on following amongst other grounds each of which are without prejudice to any other:- Additional Ground 1.0 On facts and circumstances of the case and in law, the reassessment order passed u/s 143(3) r.w.s 263 dated 23/04/2021 is non-est and bad-in-law, since had been passed beyond the limitation period specified u/s 153(3) as the revision order u/s 263 was passed on 08/03/2019 and due date to pass the set ....
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....ised in assessee's Cos are taken for adjudication. 10. Now turning to the facts the adjudication of additional grounds of assessee's Cos, we find that case of assessee for assessment year 2012-13 was reopened under section 147 of the Act. The notice under section 148 was served upon the assessee on 29.03.2019 as recorded in para-2 of the assessment order. In response to notice under section 148 of the Act, the assessee filed its return of income on 27.04.2019 and assessment was completed on 21.06.2021. We find that time period for passing the re-assessment was up to 31.12.2019. Thus, the assessment order, is passed beyond the time period prescribed under section 153(2) of the Act. The Ld. CIT-DR for the Revenue objected against the submiss....