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2017 (10) TMI 379 - ITAT VISAKHAPATNAMValidity of issue of notice u/s 158 BD - issue of notice after 9 years and 9 months of completion of assessments of searched party - Held that:- In this case the Notice under section 158 BD was issued after 9 years and 9 months of completion of Block assessment in the case of searched person. Even if the time limit is considered after the rendering the decision of the Hon’ble ITAT the AO took more than 1 year four months from the date of the order of the tribunal. However the time limit has to be considered not from the date of the orders passed by the ITAT, but time limit starts from block assessment orders passed by the AO in the case of searched person. Hence the facts of the assessee’s case is squarely covered by the order of the Delhi High Court [2015 (1) TMI 705 - DELHI HIGH COURT] as well as the decision of Hon’ble High court of Punjab and Haryana cited (2010 (7) TMI 664 - Punjab and Haryana High Court ). The ld. DR did not bring any other order/ judgement to controvert the decision cited. Therefore we hold that notice issued u/s 158BD is beyond the time limit prescribed under the act and the same cannot be valid. Accordingly we quash the notice issued u/s 158BD of the Act and annul the assessment made u/s 158BD, and allow the appeal of the assessee.
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