2026 (7) TMI 622

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....e Act'), dated 13th April 2022 (digitally signed on 26th May 2022), passed by Respondent No. 1 for Assessment Year 2014-15. The only ground of challenge is that the Assessment Order is barred by limitation. 3. Briefly stated, the facts of the case are that a notice under Section 148 of the Act, dated 17th July 2019, was issued by Respondent No. 2 reopening the Petitioner's assessment for Assessment Year 2014-15. Several notices under Section 142(1) of the Act were issued in the Petitioner's case from time to time, followed by Show Cause Notices dated 11th September 2021 and 31st March 2022. Eventually, Respondent No. 1 passed the impugned order dated 13th April 2022 but digitally signed by him on 26th May 2022 and served upon the Petitio....

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....on Officer is received by the Assessing Officer, would have to be excluded in computing the period of limitation. Accordingly, the period from 24th September 2021 to 16th February 2022 shall stand excluded. However, having excluded this period, only 6 days would be left for Respondent No. 1 to pass the Assessment Order, and this period being less than 60 days, it would get extended by 60 days from 16th February 2022 as per the first proviso to Explanation-1 to Section 153. The learned Counsel for the Petitioner, however, clarified that the exact date when the valuation report was received by Respondent No. 1 is not ascertainable either from the impugned order or the Affidavits in Reply dated 31st August 2023 and 25th September 2023 filed by....

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....2 (60 days from 16.02.2022) 10. Date of passing of Assessment Order u/s. 147 26.05.2022 Barred by Limitation 6. In this case, the most crucial fact to determine the period of limitation is the actual date on which Respondent No. 1 received the valuation report of the DVO. On a query raised by us, Mr. Akhileshwar Sharma, the learned Counsel appearing for the Revenue, submitted that, as per the written instructions received by him from the Income Tax Officer 2(2) Kalyan, who is Respondent No. 2, the DVO's report dated 16th February 2022 was received on 25th February 2022 in the worklist. Mr. Sharma, however, submits that the impugned Assessment Order is dated 13th April 2022 and bears the DIN also, which is within the limita....