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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.G.Pandit, J, T.M.NADAF
Himalaya Drug Company – Appellant
Versus
Deputy Commissioner Of Income Tax – Respondent
| Table of Content |
|---|
| 1. the court admitted the appeal to consider the validity of the assessment order. (Para 2 , 3) |
| 2. timelines for final assessment order (Para 4 , 9) |
| 3. contention on the validity of assessment order (Para 5 , 6 , 7) |
| 4. misplaced reliance on prior decisions (Para 8 , 12 , 13) |
| 5. mandatory nature of section 144c timelines (Para 10 , 11) |
| 6. court's final ruling and orders (Para 14) |
JUDGMENT :
S.G.PANDIT, J.
The appellant-assessee is before this Court under Section 260A of the Income-Tax Act, 1961 (for short “IT Act”), questioning the order dated 21.06.2017 in IT(TP)A No.807/Bang/2016 passed by Income Tax Appellate Tribunal, “B” Bench, Bengaluru (for short “Tribunal”), dismissing the appeal refusing to declare the proceedings under Section 144C of the IT Act as null and void.
2. The appeal coming on for admission on 15.11.2017, this Court admitted the appeal to consider the questions formulated in the appeal, which reads as follows:
“1. Whether on the facts and circumstances of the case, the Tribunal is justified in law upholding the validity of final assessment order passed by the Assessing Officer beyond the time limit prescribed under Section 144C(13)?
2. Whether on the facts a
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....
Final assessment order u/s 144C(13) quashed as barred by limitation beyond one month from end of month of DRP directions; comparables excluded for functional dissimilarity and filter failures in TP a....
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