2025 (6) TMI 1799

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.... writ petition is whether the proceeding initiated under Section 263, Income Tax Act, 1961 is barred by limitation. 3. The case of the petitioner is that the petitioner is engaged in the business of clearing and forwarding goods on behalf of importers and exporters. The third respondent passed an assessment order dated 20.06.2017 for the Assessment year 2015-2016. Thereafter, a revised assessment order was passed on 10.12.2019, by merging the earlier assessment order dated 20.06.2017. This being so, a show cause notice dated 13.03.2020 was issued to re-open the assessment order dated 20.06.2017, and without considering the objection of the petitioner, the second respondent passed an order dated 22.03.2021, to re-open the same, which was no....

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....d the impugned assessment orders and the same have to be set aside by this Court. 5. Learned Senior Standing Counsel appearing for the respondents strongly opposed for the submission of the learned counsel for the petitioner and referred his counter affidavit dated 07.07.2023. For better appreciation, the relevant portion of the same is extracted hereunder: "3. Subsequently, the assessee petitioner's premise was covered under survey u/s 133A of the IT Act, 1961 on 10.10.2018. During the course of survey the assessee petitioner admitted additional income of Rs. 1,07,52,930/- towards bogus expenses relating to Clearing and Shipment Charges for the A.Y.2015-16. As the time for filing a revised return was barred by limitation, the case w....

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.....w.s. 263 of the IT Act, 1961 dt.30.03.2022 are wrong and illegal, it is hereby submitted that the assessee petitioner has partiipated in the proceedings u/s 263 of the IT Act, 1961 and made submissions. In its submissions the assessee petitioner objected only on the issue of allowability of expenditure claimed such as clearing & Shipment expenses to the extnet of Rs. 1.07 Crores and not on the non-existence of Order u/s 143(3) of the IT Act, 1961 dt.20.06.2017. Based on the submissions made by the assessee petitioner and after accepting the assessee's objection/reply on the issue of allowability of expenditure claimed such as clearing & Shipment expenses to the extent of Rs. 1.07 Crores and agreeing with the same, the order u/s 263 of ....