Assessee filed return of income under section 139(1) on 6-10-2017. Notice under section 143(2) was served by Assessing Officer on 27-2-2018. Time limit for completion of assessment under section 153(1) was within 21 Months from end of assessment year in which income was first assessable, that is, on 31-12-2019. Assessment order was passed under section 143(3) on 30-9-2021. The order is not within time limit of 21 months for completion of assessment under section 153(1) and void ab initio hence quashed. Tribunal also held that date on which appeal had been filed by assessee, should not be included in computing delay in filing appeal as appeal had reached Registry of Tribunal on said date. (AY. 2012-13, 2017-18)
Marudhar Diamond (P) Ltd v. Dy. CIT(2023) 223 TTJ 999 / 150 taxmann. com 169 (Surat)(Trib)
S. 153 : Assessment-Reassessment-Limitation-Assessment order passed beyond time limit of 21 months for completion of assessment under section 153(1)-Void ab initio-Date on which appeal had been filed by assessee, should not be included in computing delay in filing appeal as appeal had reached Registry of Tribunal on said date. [S. 143(3) 253]