02 September 2013
An order was passed by an ITO for AY 2004-05 u/s 143(3) of income tax act, 1961. The assessee preferred an appeal against this order with the CIT (Appeals). The CIT confirmed the order of the ITO. The assessee preferred an appeal with I T A T.
I T A T issued an order throwing out the CIT / ITO order to the extent where the ITO depended on a divisional valuation report as invalid as per covered judicial pronouncements. I T A T also asked the ITO to ensure that no double taxation takes place in the case and that the correct income be charged to the tax. NOW: How much time does the ITO has from say August 2013 when this order was handed over to him ?
03 September 2013
Then it will be as per sec 143(3) only but it will be increased to the extent the case was with ITAT. Refer sec 149,150 for more on time limits.
this answer is good for a professional who already is aware that the time lies in some section or other. You have to be specific.The case was filed with ITAT in february 2013 and heard on 20th june and judgment pronounced on 16tj july 2013 and circulated the order in first week of august. so effectively the file was with them for 6 months.
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