Income Tax Act – Date Of Receipt Of Order Irrelevant For Computing Limitation Under Section 263(2)

Case: Commissioner of Income Tax, Chennai vs Mohammed Meeran Shahul Hameed

Coram: Justices M.R.Shah and A.S.Bopanna

Case no.: Civil Appeal No.6204 Of 2021

Court Observation: “the word used is “made” and not the order “received” by the assessee. Even the word “dispatch” is not mentioned in Section 263 (2). Therefore, once it is established that the order under Section 263 was made/passed within the period of two years from the end of the financial year in which the order sought to be revised was passed, such an order cannot be said to be beyond the period of limitation prescribed under Section 263 (2) of the Act. Receipt of the order passed under Section 263 by the assessee has no relevance for the purpose of counting the period of limitation provided under Section 263 of the Income Tax Act..”

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