2026 (5) TMI 110

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....l : "1. The learned Commissioner of Income-tax (Appeals)-20 while allowing the appeal of the assessee for the impugned financial year erred in law in issuing the observation/direction contained in para 6.4, which purports to empower or permit the Assessing Officer to take action for a time-barred assessment year. Such a direction is contrary to the statutory limitation prescribed under Section 150(1) and 150(2) of the Income-tax Act, 1961. 2. The learned Commissioner of Income-tax (Appeals)-20 ought to have seen that the impugned direction in para 6.4 is wholly without jurisdiction because Section 150 does not authorize issuance of a direction that revives a limitation period that has already expired on the date of such ap....

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....io, and consequently, the direction contained in para 6.4, being in clear violation of the statutory scheme, is unsustainable and liable to be quashed For these and such other grounds as may be urged at the time of hearing, it is most humbly prayed that the Hon'ble Tribunal may kindly be pleased to expunge the observation and/or direction contained in para 6.4 of the impugned order, as the same is without jurisdiction, contrary to the statutory limitation prescribed under the Income-tax Act, and thus render justice." 2. Briefly the facts of the case are that the assessee is an Individual engaged in the business of trading in stainless steel pipes, rods etc, under the name and style of Manoj Metals. The Return of Income for t....

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....ade through banking channel and the same had been reflected in the books of accounts of appellant and therefore the question of addition u/s.69C does not arise, accordingly directed the assessing Officer to delete the addition. However, the ld.CIT(A)was of the opinion that the purchases made from the above parties during the previous year relevant to Assessment Year 2016-17 and 2015-16 were not genuine and requires verification and therefore directed the Assessing Officer to reopen assessments for A.Y.2015-16 and A.Y.2016-17 u/s.150 of the Act. 5. Being aggrieved by this part of the order, the appellant is in appeal before us in the present appeal. The ld.Counsel submits that the directions of the ld.CIT(A) to reopen the assessment for t....