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2017 Supreme(Del) 2275

S.MURALIDHAR, PRATHIBA M.SINGH
Pr. Commissioner Of Income Tax Central-3 – Appellant
Versus
Ppc Business And Products Pvt. Ltd. – Respondent


Advocate Appeared:
For the Appellant :Mr. Rahul Chaudhary, Sr.Standing Counsel with Ms. Lakshmi Gurung, Advocate
For the Respondent:Mr. Shashwat Bajpai and Mr. Sharad Agarwal, Advocates

Judgement Key Points

Certainly. Based on the provided legal document, the main legal point established is the interpretation and application of the limitation period for completing assessments under the Income Tax Act, particularly in cases where a search has concluded on a specific date. The court clarified that the assessment is barred by limitation if the search concluded before the assessment deadline, and subsequent visits that do not uncover new findings do not extend this period. The assessment must be completed within the stipulated time frame from the date the search was deemed to have concluded, as evidenced by the final panchnama indicating the conclusion of the search. The judgment emphasizes that merely recording a panchnama on a later date stating that the search was "finally concluded" does not automatically extend the limitation period, especially if no new material was found during that visit. Furthermore, the court highlighted that the limitation period is linked to the last day of the search or seizure activity, and repeated visits without new findings do not reset or extend this period. This interpretation ensures that assessments are conducted within a defined statutory timeframe, safeguarding the taxpayer's right to a timely assessment and preventing indefinite extensions based on procedural formalities.


JUDGMENT :

S. Muralidhar, J.

1.These appeals by the Revenue under Section 260A of the Income Tax Act, 1961 (‘the Act’) arise out of similar set of facts involving similar questions of law and are accordingly disposed of by this common judgment.

2. In five of these appeals i.e., ITA Nos. 605, 606, 607, 608 and 609 of 2016 for the Assessment Years (‘AYs’) 2001-02, 2002-03, 2004-05, 2006-07 and 2007-08, respectively, the Respondent/Assessee is Surya Vinayak Industries. These appeals are directed against the common impugned order dated 6th October, 2015 passed by the Income Tax Appellate Tribunal (‘ITAT’) in ITA Nos. 3158-3162/Del./2011.

Questions urged

3. In ITA Nos. 605-608 of 2016, the questions of law that are sought to be urged by the Revenue are as under:

(i) Whether the ITAT erred in law and on facts in holding that the assessment framed by the Assessing Officer (AO) under Section 153A is barred by limitation?

(ii) Whether the order passed by the ITAT is perverse and not sustainable under law?

In ITA No. 609/2016 there is slight change in question (i) above inasmuch as the order of the AO is under Section 143 (3) of the Act.

4. Two of the appeals i.e. ITA Nos. 637 and 638 of 2016 are aga





































































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