TMI Blog2013 (10) TMI 151X X X X Extracts X X X X X X X X Extracts X X X X ..... order passed is void as being barred by limitation and the, Tribunal was justified in setting aside the order of the Appellate Authority - The Supreme Court in the case of Rajesh Kumar Others -vs- Deputy Commissioner of Income Tax others reported in[2006 (11) TMI 135 - SUPREME Court] has ruled that the principles of natural justice has to be followed as it is not expressly excluded. Now the la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty developer and , formation of layouts . He was assessed up to assessment year 1996-97. On 27..2.1998, a search was conducted at his premises under Section 138 of the Income-tax Act, 1961 (for short Act'). Thereafter a notice under Section 158BC was issued on 15.5.1998. The assessee had disclosed the income on the basis of accretion to capital. The assessee declared the undisclosed income of Rs.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to complete the assessment. Therefore, the Tribunal was of the view that invoking of provisions of Section 142(2A) of the Act as directed by the Additional Commissioner of Income-tax is bad in law. Therefore, the assessment is hopelessly barred by limitation. Hence, the Tribunal allowed the appeal of the assessee and dismissed the appeal of the Revenue. ITA No.271/2009 came to be admitted on 20.4. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er Section 142(2A)of the Act? 5. We have heard the learned counsel for the Revenue. 6. The Apex Court in the case of Rajesh Kumar Others -vs- Deputy Commissioner of Income Tax others reported in (2006) 157 Taxman 168 (SC) held that the assessee suffers civil consequences, as a result of an order under Section1 42(2A) of the Act and the same is prejudicial to him and therefore the principle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sition continues to be the same. In that view of the matter, admittedly, in the instant case, the assessee was not heard before the order passed under Section 142(2A) of the Act. As rightly held by the Tribunal that, such a procedure was resorted to extend the period of limitation. Therefore viewed from any angle, the assessment order passed is void as being barred by limitation and the, Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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