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2020 (5) TMI 331 - MADRAS HIGH COURTReopening of assessment u/s 147 - Period of limitation - HELD THAT:- Last date for invoking Section 148 for the Assessment Year 2008-09 express only on 31/03.2015 and for the AY 2009-10 on 31.03.2016 since the impugned notice are dated 17.03.2013, they are well within time. Had there been a finding given on merits that there was no case for escaped assessment for the respective assessment years in response to Section 148 notice issued for the 1st time on 7.3.2011, it can be said that the 2nd notice dated 17.5.2015 u/s 148 would have been barred and therefore there were no reasons for invoking Section 148 again. Respondents are not precluded from invoking Section 148 for the 2nd time as the issue as to whether income had escaped assessment or not was decided by the CIT (Appeals) on merits. As pointed out that there a mandatory failure by the and further reassessment orders dated 31.12.2011 were set aside. Notices were not only in time but also in accordance with law. Therefore, the consequential impugned orders passed by the respondent are sustainable and cannot be quashed. Therefore these writ petitions are liable to be dismissed. Dispute pertains to the assessment year 2008-09 and assessment year 2009-10. The re-assessment proceedings have been considerably delayed partly due to the lapse on the part of the respondents on an earlier occasion which resulted in the orders of the Commissioner of Income Tax (Appeals) on 12.11.2013 and partly on account of the petitioner due to pendency of the present writ petitions. Respondent is directed to complete the proceedings within a period of 3 months from the date of receipt of a copy of this order in accordance with law.
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