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2009 (7) TMI 147 - PUNJAB AND HARYANA HIGH COURT“Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in holding that the reference made under section 144B of the Income-tax Act, 1961, was bad in law and is barred by limitation.” - In respect of the assessment year 1981-82, the assessee filed return on May 23, 1981. The assessment was completed on August 8, 1984, under section 143(3)/144B(4) - Tribunal held that the order of the Assessing Officer was barred by limitation - Revenue submits that identical question has been adjudicated upon by this court in CIT v. Gheru Lal Bal Chand [2008 - TMI - 16797 - PUNJAB AND HARYANA High Court] and after referring to Explanation 1, clause (iv) below section 153, it was held that the period up to 180 days from the date on which the draft assessment order is forwarded by the Income-tax Officer to the assessee up to the date on which directions are received is to be excluded - In the present case, the draft assessment order was prepared on March 10, 1984, and permission was received from the Inspecting Assistant Commissioner on August 3,1984, as noticed in the order of assessment. If this period is excluded, the period taken in obtaining permission being more than the period by which period intervened between the last date by which assessment was to be made and the date on which assessment was made. Accordingly, the assessment had to be treated within time.
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