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2010 (11) TMI 794 - HC - Income TaxApplicability of provisions of section 144B - Held that:- As in the case of Saraya Sugar Mills (P.) Ltd.'s case (1985 (3) TMI 83 - ITAT ALLAHABAD-A) it cannot be said that IAC exercised the powers or performed the functions of the ITO, merely for the reason that he was conferred the concurrent jurisdiction, neither any order was passed by the IAC assessing the income of the assessee nor is there anything to indicate that he exercised the powers or performed the functions of the ITO, it cannot be said that the case was covered by section 144B(7) of the Act. The question is answered in negative, in favour of the Department and against the assessee. Limitation for making assessment - Held that:- In the present case, the period falling under both the heads was different. They were not overlapping with each other and as such the period when the case was referred under section 142(2A) till receipt of audit report as well as, when the draft order under section 144B was received by the Assessee (when it was served on the assessee) till the IAC issued direction, was to be exclude. It is accepted that in the event the period under both heads was to be excluded then the assessment order would not be barred by time. Against assessee.
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