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Income tax assessment us 147

Krishna (Assistant) (672 Points)

17 April 2024

Good morning all. One of our clients income tax assessment u/s 147 proceeding limitation date expired on 31st March 2024 , however the order not yet passed. Cases still showing under 'e proceedings ' 'for your Action' tab. What to do now ?

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7 Replies

Nikhil Kaushik (Fellow CA) (85963 Points)
Replied 17 April 2024

nothing to do. let them issue further notice. argue that the case is time barred. Mostly they wont accept it and still issue the order. You will need to file appeal against such an order.

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sabyasachi mukherjee (27636 Points)
Replied 18 April 2024

Do not give erratic answers first read the section. Do not malign the forum

Vishal Manakshe (299 Points)
Replied 20 April 2024

There are rare chances of time barring cases since NFAC. Kindly check all the details, notices and timeline carefully.

Even after that you are convinced that the assessment proceeding is time barred. Then any order framed will void.

Nikhil Kaushik (Fellow CA) (85963 Points)
Replied 20 April 2024

just to add to Vishal's response, even if the order is void, you will have to litigate it. Department does not automatically accept that the order is void.

Aryan (CA) (27 Points)
Replied 01 January 2025

Hi Krishna, how did you handle your clients case? You had mentioned that one of your clients income tax assessment u/s 147 proceeding limitation date expired on 31st March 2024 , however the order not yet passed. Did you appeal and get the order voided? I am in a similar situation so any help would be appreciated.

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Krishna (Assistant) (672 Points)
Replied 01 January 2025

@ Aryan G .. order is not yet passed by the officer. I guess proceedings was dropped without order.

Aryan (CA) (27 Points)
Replied 02 January 2025

@ Krishna, thanks for the reply. It is really strange that the order is not passed. How will tax payer know for sure the logical conclusion in such scenarios. Is there a way to confirm the proceedings were dropped or is it to be assumed they are dropped given the proceeding limitation date has expired?