HARGOVIND PANDEY vs. PCIT - Delhi HC - 28 July 2017
Section 264 of Income Tax Act provides a way for an assess whose income has been assessed and assessee wants revision or re-look such assessment made and hence may file an application before Principal Commissionar or Commissionar within the time as mentioned in sec 264(3) -
"(3) In the case of an application for revision under this section by the assessee, the application must be made within one year from the date on which the order in question was communicated to him or the date on which he otherwise came to know of it, whichever is earlier"
Points to remember -
1- The date of intimation to an assessee would be an order passed by the relevant assessing authority and the limitation period would start from that date,
2- Refund received against an assessment order would merely a step towards the assessment made by the AO and hence refund date should not be construed for calculating limitation period of this section,
3- Assess would presumably be come to know about the assessment for which he/she wants to file a application under section 264 once the intimation u/s 143(1) is issued and even a copy of assessment was not sent to the assessee and hence assessee could use all efforts to get a copy of assessment done from the department and accordingly to start the period of limitation can not be stopped merely on the basis that the copy of assessment was not sent to assessee,
4- Nonetheless, there is nothing contrary in section 264 which prevents/ stops Commiss. to consider any such reasons for which the application filed under 264 was delayed,
Hence, P.comm or comm may take into consideration all reasonable causes that would have delayed the application under section 264 by the assessee as defined in subsection 3 and accordingly can allow re-open/ revisit a case accordingly. The court asked P.Com to take such causes into consideraton and allow such application even it is time barred.
Full judegment copy can be refer using link https://www.taxpundit.org/phocadownload/Taxpundit_Reporter/Taxpundit_Reporter_2017/August_2017/817Taxpundit5.pdf
"Author comments and analysis and summarizing" important points :
"(3) In the case of an application for revision under this section by the assessee, the application must be made within one year from the date on which the order in question was communicated to him or the date on which he otherwise came to know of it, whichever is earlier"
Provided that the Principal Commissioner or Commissioner may, if he is satisfied that the assessee was prevented by sufficient cause from making the application within that period, admit an application made after the expiry of that period"
Points to remember -
1- The date of intimation to an assessee would be an order passed by the relevant assessing authority and the limitation period would start from that date,
2- Refund received against an assessment order would merely a step towards the assessment made by the AO and hence refund date should not be construed for calculating limitation period of this section,
3- Assess would presumably be come to know about the assessment for which he/she wants to file a application under section 264 once the intimation u/s 143(1) is issued and even a copy of assessment was not sent to the assessee and hence assessee could use all efforts to get a copy of assessment done from the department and accordingly to start the period of limitation can not be stopped merely on the basis that the copy of assessment was not sent to assessee,
4- Nonetheless, there is nothing contrary in section 264 which prevents/ stops Commiss. to consider any such reasons for which the application filed under 264 was delayed,
Hence, P.comm or comm may take into consideration all reasonable causes that would have delayed the application under section 264 by the assessee as defined in subsection 3 and accordingly can allow re-open/ revisit a case accordingly. The court asked P.Com to take such causes into consideraton and allow such application even it is time barred.
Full judegment copy can be refer using link https://www.taxpundit.org/phocadownload/Taxpundit_Reporter/Taxpundit_Reporter_2017/August_2017/817Taxpundit5.pdf
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