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P. SAM KOSHY, LAXMI NARAYANA ALISHETTY
TNS India Private Limited – Appellant
Versus
Union of India rep. by its Secretary – Respondent
ORDER :
The challenge in these two writ petitions are the consequential orders dated 20.04.2018 issued by the respondent No.3/The Deputy Commissioner of Income Tax-2 under Section 254 read with Section 143 of the Income Tax Act, 1961, (for short the “Act”) for the assessment year 2006-2007 and the impugned rectification order dated 12.10.2018 issued by the respondent No.2/The Assistant Commissioner of Income Tax under Section 154 of the Act for the same assessment year. For convenience, W.P.No.853 of 2019 is taken up, so far as the facts are concerned.
2. Heard Mr.Deepak Chopra, learned counsel appearing on behalf of Mr.Narendar Chetty, learned counsel for the petitioner and Ms. K. Mamata Choudary, learned counsel for the respondent-Department.
3. The whole dispute in the two writ petitions originates from an order passed by the Income Tax Appellate Tribunal (for short the “Tribunal”) in ITA No.108/Hyd/2011 for the assessment year 2006-2007. The Tribunal vide order dated 27.06.2014 had partly allowed an appeal of the petitioner/assesse.
4. For the aforesaid year, the petitioner/assesse had filed its return after claiming deductions under Section 10A of the Act. The said return of the p
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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