Answer

ITR

Revision notice served after the time limit

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  1. Facts

    What matters is the date of the revision order, which must be within 2 years from the end of the financial year of the assessment order. A notice alone does not extend the limit.

  2. Provisions and law

    • Sec 263, Income-tax Act 1961 (now Sec 377, Income-tax Act 2025)The Principal Commissioner or Commissioner can revise an assessment order that is erroneous and prejudicial to revenue, after giving a hearing, within 2 years from the end of the financial year of the order.
  3. Analysis

    If your assessment order was passed in FY 2021-22, the limit ended on 31 March 2024. A revision order after that, without a valid exclusion, is time-barred. Raise this first in your reply. If an order is still passed, appeal to the Tribunal.

  4. Conclusion

    1. Find the assessment order date.
    2. Compute the limit.
    3. Raise time bar in the reply.
    4. Appeal if an order is passed after the limit.

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Revision, Sec 263 (now 377)

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