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2010 (7) TMI 704 - HC - Income TaxReopening - Validity of notice - That section 149 of the Act speaks of time limit for issue of notice and categorically prescribes that no notice under section 148 shall be issued after the prescribed limitation has lapsed - It is submitted that in the facts of the present case, it is apparent that the notices have been dispatched by registered post only on April 7, 2010, hence, the same have clearly been issued beyond the prescribed period of limitation and as such, are time barred - In the present case, the relevant assessment year in each of the petitions is 2003-04 ; the impugned notices are dated March 31, 2010 ; and the said notices were sent for booking to the Speed Post Centre, Ahmedabad, on April 7, 2010 - apex court in the case of GKN Drive- shafts (India) Ltd. [2002 -TMI - 6100 - SUPREME Court] wherein it was held that the impugned notices under section 148 in relation to the assessment year 2003-04, having been issued on April 7, 2010 which is clearly beyond the period of six years from the end of the relevant assessment year, are clearly barred by limitation and as such, cannot be sustained - Decided in favor of the assessee
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