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2014 (2) TMI 183 - HC - Income TaxNotice issued u/s 143(2) of the Act - Search u/s 132(1) of the Act – Belated return filed on protective basis – Held that:- The Income-tax Appellate Tribunal has passed the order on June 27, 2002, where a direction was issued to pass the fresh assessment order, but till date, no order has been passed by the Assessing Officer - after a lapse of considerable time, no assessment order can be passed as the proceedings are time barred – as per section 153B proviso 2(a), the limitation for the reassessment is one year, which has already been expired as back as in the year 2003 - now there is no occasion for initiation of the proceedings of reassessment/scrutiny pertinent to the assessee for the assessment year 1985-86 – notice set aside and the order to issue refund passed – Decided in favour of Assessee.
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