2026 (6) TMI 1517

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....is assessee has allowed the appeal of the assessee, and quashed the assessment order dated 18.11.2021 being barred by limitation, wherein the Tribunal at para 13.1 has held as under: "13.1 As per section 144C(13), there is clear mandate that upon receipt of the directions issued u/s 144C(5), the Ld. AO shall supposed to complete the assessment inconformity with the directions of the Learned DRP without providing any further opportunity of being heard to the assessee, within one month from the end of the month in which such directions was received and in the present case, it is factually established that the Ld. DRP, issued directions on 21.09.2021 and u/s 144C(13), the Ld. AO was supposed to complete the assessment on or befor....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....overed by exclusion for computing limitation as per aforesaid Hon'ble Supreme Court direction and, hence, that the final assessment order dated 18.11.2021 was not barred by limitation. It was submitted that the ITAT committed grave error in quashing assessment on limitation ground keeping in view limitation as provided under the Income-tax Act, 1961 but ignoring aforesaid order dated 10.01.2022 of Hon'ble Supreme Court. It was submitted that an mistake apparent from record has crept in the order dated 04.07.2025 of the ITAT, Delhi Bench which is covered u/s 254(2) of the 1961 Act. Prayers were made by Revenue to recall order in ITA No.252/Del/2025 dated 04.07.2025. The Ld. Sr. DR relied upon the aforesaid MA filed by the Revenue, and prayed....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....mitation is not applicable to statutory acts to be performed by statutory bodies i.e. by Income Tax Department such as framing of assessment, issue of notices u/s 143(2), 148 etc.. The Ld. Counsel for the assessee relied upon the following judgments: "1. Prathima Infrastructure Limited (ITA No. 1089 to 1095/Hyd/2025) dated 27 March 2026 (Relevant extracts) 2. Expressway Services Pvt. Ltd. (ITA No. 484 to 486/Hyd/2025) dated 27 March 2026 (Hyderabad Trib.) 3. EPAM Systems India Private Limited [ITA No. 83 & 498/Hyd./2022 dated 26 November 2025 (Hyderabad - Trib.) 4. Repal Green Power Private Limited [ITA No. 125/Hyd/2022 dated 26 November 2025) (Hyderabad - Trib.)] TMEIC Industrial Systems India (P.) Ltd [....