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2018 (9) TMI 1752 - ITAT VISAKHAPATNAMReopening of assessment - period of limitation - Held that:- In this case, the assessment year involved is 2008-09 and the notice u/s 148 was issued to the assessee on 10.03.2015 within the period of six years from the end of the relevant assessment year. The amendment to section 149(3) was made by Finance Act 2012 w.e.f. 01.07.2012. Prior to the amendment, the time limit for issue of notice u/s 148 in the case of representative assessee was two years. The limitation of two years was expired by March 2011. On the similar facts the ITAT, Visakhapatnam in the case of V.Pratima Rao and 5 others [2018 (6) TMI 366 - ITAT VISAKHAPATNAM] held that the amendment is not applicable for enlargement of the time limit already expired for issue of notice u/s 148. The period of limitation of two years was expired before the amendment came into force. Therefore since the facts are identical, respectfully following the view taken by this Tribunal in the case cited, we hold that the notice issued u/s 148 to the Gudivada Shyam Kumar Naidu, Visakhapatnam representative assessee is barred by limitation and accordingly, the notice issued u/s 148 is quashed and the consequent assessment made u/s 147 r.w.s. 143(3) dated 28.03.2016 is annulled. - Decided in favour of assessee.
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