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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
United Spirits Limited, Represented Herein By Its General Manager - Taxation Jayatheertha Kulkarni – Appellant
Versus
Deputy Commissioner Of Income Tax Central Circle 2(1), Bengaluru – Respondent
| Table of Content |
|---|
| 1. petitioner seeks refund from revenue (Para 1 , 2) |
| 2. court analyzes prior rulings' implications (Para 3) |
| 3. final procedural directions issued by the court (Para 4 , 8) |
ORDER :
M. NAGAPRASANNA, J.
The petitioner is before this Court seeking a direction to the respondents to refund an amount of Rs.60,45,57,292/- pursuant to the order dated 27.06.2024.
2. Heard Percy Pardiwalla, learned Senior Counsel for Ms.Tanmayee Rajkumar, learned counsel appearing for the petitioner, learned counsel Sri.Y.V.Raviraj, learned counsel appearing for respondent Nos.1 and 2 and have perused the material on record.
3. The history to the case need not be gone into as this very petitioner was before this Court in Writ Petition No.13953/2020 and connected cases, which comes to be disposed in terms of an order of the Co-ordinate Bench dated 17.08.2023. Therefore, I deem it appropriate to paraphrase what is observed by the Coordinate Bench while issuing certain directions. The Coordinate Bench has held as follows.
“16. In the light of the rival submissions, this Court is called upon to decide on the following questions:
[a] Whether the ITAT by its Orders dated 31.03.2015 has entirely set-aside or
Timelines for income tax assessments are strictly regulated; actions exceeding those timelines are impermissible, reinforcing that expired timelines hinder subsequent assessments.
Tax authorities must adhere to statutory time limits when passing orders; failure results in entitlement to refunds and interest for taxpayers.
Taxation - Liability to pay additional interest - Interest u/s 244A(1A) would not accrue in cases of fresh assessment or reassessment; use of words ‘wholly or partly’ therein would again indicate tha....
The limitation period for completing assessments following a Tribunal's order is governed by Section 153(2A), mandating a one-year limit from the end of the financial year of the Tribunal's decision.
The main legal point established in the judgment is the interpretation and applicability of the time limits prescribed under Section 153(2A) and Section 153(3) of the Income Tax Act, 1961 in the cont....
The assessment order was invalid as it was issued beyond the limitation period prescribed under Section 153 of the Income Tax Act, necessitating adherence to statutory timelines.
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