COMMISSIONER OF INCOME TAX Vs. BINANI INDUSTRIES LTD.

JUDGEMENT

(1.) This appeal under section 260A of the Income-tax Act, 1961, preferred by the Revenue against the consolidated order dated November 21, 2013, passed by the Income-tax Appellate Tribunal "A" Bench in I.T.A. No. 1420/Kol/2008 and CO No. 132/kol/2008 filed by the assessee for the assessment year 2002-03 has been preferred on the questions of law stated in paragraph 7 of the application. We formulate the question for hearing of the appeal as under:

(2.) Mrs. Gutgutia, learned advocate appearing on behalf of appellant-Revenue, urged before us the order of assessment was dated March 31, 2005, and there was no evidence on record to show that the Assessing Officer revisited me same in the period thereafter till the time the respondent-assessee received it on April 13, 2005. She submitted the assessment order was made on the last day of the prescribed period under section 153 of the Income-tax Act, 1961, and as such the Tribunal went wrong in reversing the order of the Commissioner of Income-tax (Appeals) to hold the same as barred by limitation.

(3.) Mr. Khaitan, learned senior advocate appearing on behalf of the respondent-assessee, submitted the issuance of the order could be said to be complete only when the same was despatched as communication of the order could only then be complete on the part of the Department. Till before despatch, the order was within the power of the Assessing Officer who could have made addition or alteration thereto and it was the settled position that in such circumstances it cannot be said the order was duly issued. He relied on the following judgments: