Assessment Order passed before Extended Time as Prescribed by CBDT Circular: Delhi HC sets aside Final Assessment Order [Read Order]
Assessment Order – CBDT Circular – Delhi HC – Final Assessment Order – Assessment Order passed before Extended Time as Prescribed by CBDT Circular – taxscan
Assessment Order – CBDT Circular – Delhi HC – Final Assessment Order – Assessment Order passed before Extended Time as Prescribed by CBDT Circular – taxscan
The Delhi High Court set aside the final assessment order as the same was passed before extended time as prescribed by the Central Board of Direct Taxes (CBDT) Circular.
Kunal Sharma, senior standing counsel, who appeared on behalf of the respondents/revenue, did not accept that the final assessment order was passed before the extended time, as prescribed under the Central Board of Direct Taxes (CBDT) Circular No.8/2021 dated 30.04.2021, for filing objections had expired.
The extended time for filing objections was to expire on 31.05.2021, whereas the final assessment order was passed on 24.05.2021.
As per the CBDT Circular the Central Government extended the timelines of certain compliances vide Circular No.8/2021 dated 30.04.2021, to mitigate the difficulties faced by taxpayers due to ongoing COVID-19 pandemic.
A Division Bench comprising Justices Rajiv Shakdher and Girish Kathpalia observed that “Since these facts are not in dispute, according to us, the best way forward would be to set aside the final assessment order dated 24.05.2021, with liberty to the petitioner to file its objections with the Dispute Resolution Panel (DRP) within four weeks of receipt of a copy of the order passed today. The objections, once filed, as per the timeframe given above, will be dealt with on merits by the DRP.”
To Read the full text of the Order CLICK HERE
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