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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHARGAV D. KARIA, D.N. RAY
Shree Siddhi Infrabuild Private Limited – Appellant
Versus
Principle Commissioner of Income Tax Ahmedabad – Respondent
ORDER :
BHARGAV D. KARIA, J.
ORDER IN SPECIAL CIVIL APPLICATIONS :-
1. Rule returnable forthwith. Learned Senior Standing Counsel Ms.Maithili Mehta waives service of Rule for the respondent.
2. Having regard to the controversy in narrow compass arising in these petitions, with the consent of the learned advocates appearing for the respective parties, the matters were taken up for hearing.
3. Heard learned advocate Ms.Shrunjal T.Shah for the petitioner and learned Senior Standing Counsel Ms.Maithili Mehta for the respondent.
4. By these two petitions under Articles 227 of the Constitution of India, the petitioner has challenged the order dated 30th March, 2021 passed by the respondent no.1 under Section 263 of the Income Tax Act 1961 (For short ‘The Act) for Assessment Years 2012-13 and 2014-15.
5. The petitioner filed return of income for Assessment Year 2012-13 on 29/9/2012 declaring total income of Rs.2,82,34,740/-. The Assessing Officer passed Assessment Order under Section 143 (3) of the Act on 26-3-2015 accepting the return income as assessed income after complete scrutiny.
6. The petitioner filed return of income for Assessment Year 2014-15 on 31-12-2015 declaring total income of Rs.
The court ruled that the Principal Commissioner of Income Tax improperly assumed jurisdiction under Section 263, as the issues had already been addressed in the original assessment, invoking the doct....
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.
Notices for reopening assessments issued beyond limitation period are invalid, and jurisdictional challenges can be maintained despite availability of alternative remedies.
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