Back
G. S. KULKARNI, ADVAIT M. SETHNA
Wavy Construction LLP – Appellant
Versus
Asst. Commissioner of Income-tax – Respondent
JUDGMENT :
(per G. S. Kulkarni, J.):
1. Rule, returnable forthwith. Respondents waive service. By consent of the parties, heard finally.
2. This petition under Article 226 of the Constitution of India challenges an order dated 14 October 2021 passed by the Assessing Officer whereby the petitioner’s objections against the reopening of assessment under Section 147 of the Income Tax Act, 1961 (for short, the “IT Act”) has been rejected and the consequent assessment order dated 30 September 2022 passed by the Assessing Officer under Sections 143(3) read with Sections 147, 260 and 144B of the IT Act. Assessment Year relevant to the impugned orders is A.Y. 2012-13.
3. The necessary facts as the petition would set out, need to be noted:-
The petitioner is a limited liability partnership firm, which was initially incorporated as a Private Limited Company on 27 November 1995 and thereafter converted into a limited liability partnership (LLP) on 30 March 2011. It is regularly filing its income tax returns since its incorporation.
4. For the assessment year 2012-13, the petitioner filed its return of income on 29 September 2012. On 03 October 2013, an intimation was issued to the petitioner under S
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.
:PRACTICE AND PROCEDURE - When the cases are not listed on a particular day more specifically on the day of expiry of an interim order, then the parties cannot be penalised or blamed for non-listing ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
