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P. S. DINESH KUMAR, G. BASAVARAJA
Pr. Commissioner of Income -Tax – Appellant
Versus
Flextronics Technologies (India) Pvt. Ltd. – Respondent
JUDGMENT :
(P.S. Dinesh Kumar, J.)
This appeal by the Revenue challenging the order dated December 31st, 2018, passed in IT(TP)A No.832/Bang/2017 passed by the Income Tax Appellate Tribunal, Bengaluru (for short ITAT) has been admitted to consider following questions of law:
2. Whether on the facts and in the circumstances of the case, the Tribunal is right in law in holding that final assessment order as bad on the ground that assessing authority has not passed order as per directions of Dispute Resolution Panel?
3. Whether on the facts and in the circumstances of the case, the Tribunal is right in law in not following the decision of Hon'ble Punjab and Haryana High Court in the case of Des Kul Bhushan (reported in 47 Taxmann 79 (P&H) wherein it is observed that when an assessment order is set aside the limitation gets extended under Section 153(3) of the Act?
4. Whether on the facts and in the circumstances of the case, the Tribunal is right in law in holding t
Timelines in Section 144C(13) of the Income Tax Act are mandatory; failure to comply invalidates the assessment order.
Assessment orders beyond mandatory statutory timelines are invalid and liable to be quashed.
Timelines established in taxation statutes, particularly under Section 144C(13) of the Income Tax Act, are mandatory and essential for the validity of assessment proceedings.
The time limit under Section 144C(13) of the Income Tax Act is mandatory, and any assessment order passed beyond this limit is invalid.
The time limit for completing assessments under Section 144C(13) of the Income Tax Act is mandatory, and failure to comply renders the assessment invalid.
Strict adherence to time limits under Section 144C is essential for the validity of assessment orders, as non-compliance vitiates the proceedings.
The main legal principle established in the judgment is that the failure to comply with the time limits prescribed under Section 144C of the Income Tax Act constitutes an illegality that vitiates the....
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