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August 2025

Reassessment — Limitation — Notice challenged in writ petition before the High Court — Direction of the Court and quashing of assessment order — Case sent back for deciding assessee’s objection and to pass further orders — No observations on the merits of the case — Applicability of extended period of limitation — In consequence of or to give effect to any finding or direction Department cannot claim the benefit of extended period of limitation – Assessment order passed u/s. 143(3) r.w.s. 147 and 144B is beyond the period of limitation.

By Keshav Bhujle | Ritu Punjabi, Advocates
Reading Time 6 mins

25. [2025] 343 CTR 181 (Bom.):

Wavy Construction LLP vs. ACIT:

A. Y. 2012-13:

Date of order 20.12.2024:

Sections 143(3), 144B, 147, 148, 153(3)(ii) and 260

Reassessment — Limitation — Notice challenged in writ petition before the High Court — Direction of the Court and quashing of assessment order — Case sent back for deciding assessee’s objection and to pass further orders — No observations on the merits of the case — Applicability of extended period of limitation — In consequence of or to give effect to any finding or direction Department cannot claim the benefit of extended period of limitation - Assessment order passed u/s. 143(3) r.w.s. 147 and 144B is beyond the period of limitation.

The Assessee filed its return of income for AY 2012-13 on 29.09.2012. The return was processed and intimation u/s. 143(1) of the Income-tax Act, 1961 was issued. Subsequently, in 2018, notice u/s. 133(6) was issued by the DDIT(I&CI) calling for details in respect of transaction of sale of land by the Assessee. The Assessee filed the details and replies from time to time. Thereafter, in the aforesaid backdrop, notice u/s.

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