Judge(s) Ajay Kumar Mittal & Raj Mohan Singh, JJ.
IT Appeal No. 475 of 2015 Date of decision 14th March, 2016 Source (2017) 146 DTR (P&H) 161 : (2017) 293 CTR (P&H) 340 : (2016) 388 ITR 440 (P&H)
Statutes referred to: Income-tax Act, 1961, s. 263(2)
Case decided in favour of: In favour of : Revenue
Decision pertains to: Assessment year 2009-10
Revision—Limitation—Issue vis-a-vis service of order—Order under s. 263 was required to be passed within two years from the end of the financial year in which the order sought to be revised was passed—It has been categorically recorded by the Tribunal that the order under s. 263 was passed on 20th March, 2013 which was required to be passed upto 31st March, 2013—Thus, the order was within the period of limitation—There was no requirement to dispatch the order within the period of limitation itself—R.K. Upadhyaya vs. Shanabhai P. Patel (1987) 62 CTR (SC) 17 : (1987) 166 ITR (SC) 163 applied
Conclusion: Order passed by CIT on 20th March 2013 was within the limitation period which expired on 31st March, 2013; there was no requirement to dispatch the order within the period of limitation itself.