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2017 (9) TMI 1298 - DELHI HIGH COURTValidity of Assessment Order - time limit specified in Section 153(2A) - period of limitation where entire order was not set aside but matter was remanded back for for limited aspects with directions - Held that:- The Kerala High Court in Patel R.P. v. ACIT [2015 (3) TMI 609 - ITAT COCHIN] held that Section 153 (2A) of the Act would apply even where more than one issue is involved i.e. even where one of the issues has been remanded to the AO for a fresh determination. The analysis of the terms ‘finding’ and ‘directions’ by the Supreme Court in Rajinder Nath (1979 (8) TMI 3 - SUPREME Court) was in the context of Section 153 (3) (ii) at a time when Section 153 (2A) of the Act had not been introduced since the relevant AY in that case was 1956-57. The said decision is, therefore, not of help to the Revenue. For all the aforementioned reasons, the Court holds that, in the present case, the assessment proceedings had to necessarily be completed by the AO within the time limit specified in Section 153 (2A) of the Act. Inasmuch as the AO failed to do so, the impugned notice dated 14th September 2015 issued by the AO and all proceedings consequential thereto including the order dated 2nd December 2015 passed by the AO are hereby set aside. - Decided in favour of assessee.
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