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IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU
IBS Software Services Private Limited, Represented By Its Company Secretary Mr. Ramesh Babu M. – Appellant
Versus
Union Of India, Represented By The Secretary, Ministry Of Finance (Department Of Revenue) – Respondent
| Table of Content |
|---|
| 1. assessment orders challenged for being beyond statutory time limits. (Para 1 , 4) |
| 2. section 144c outlines specific time limits for assessment procedures. (Para 2 , 3) |
| 3. arguments emphasize the importance of adhering to time limits in section 144c. (Para 5 , 6 , 7) |
| 4. court considers the nature of section 144c as procedural versus substantive. (Para 8 , 9 , 10) |
| 5. court affirms strict adherence to time limits is essential for valid assessments. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 6. writ petitions allowed; assessment orders set aside due to time violations. (Para 20) |
JUDGMENT :
In these writ petitions assessment orders issued by the competent authority of the Income Tax Department are under challenge mainly on the ground that they were issued beyond the time limit under sub-section (13) of Section 144C of the Act.
“144C. (1) The Assessing Officer shall, notwithstanding anything to the contrary contained in this Act, in the first instance, forward a draft of the proposed order of assessment (hereafter in this section referred to as the draft order) to the eligible assessee if he proposes to make, on or after the 1st day of October, 2009, any variation which
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....
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.
The time limit under Section 144C(13) of the Income Tax Act is mandatory, and any assessment order passed beyond this limit is invalid.
Timelines in Section 144C(13) of the Income Tax Act are mandatory; failure to comply invalidates the assessment order.
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....
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.
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