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2012 (7) TMI 527 - HC - Income TaxBlock assessment order as barred by limitation - applicability of Section 129 r.w.p. to Explanation 1 to Section 158 BE as questioned by Assessee - Held that:- In present case the assessment proceedings were commenced only by the AO at Delhi by notice issued and thereafter there was no change in the incumbent of the office so as to attract the provisions of Section 129. In such a situation there is no scope for importing the proviso to Section 129 to extend the period of limitation. Even factually there is nothing on record to show that the assessee made any demand before the AO in Delhi that the previous proceedings, if any, should be reopened or that before any order of assessment is passed against her should be reheard - The assessment u/s 158BC ought to have completed on or before 30.06.2002 as per Section 158BE (1) (b) and though it was completed only on 30.07.2002, it is barred by limitation. The Tribunal has erroneously equated the notice issued u/s 158BC (a) to a notice issued u/s 148 to reopen an assessment and erred in further understanding the words “the time taken in reopening the whole or any part of the proceeding” appearing in clause (iii) of Explanation-1 to mean a reopening of the assessment under Section 148. With respect, the reasoning appears to be convoluted and untenable. The reopening of the proceeding referred to in clause (iii) of Explanation-1 is the reopening of the proceedings for the assessment which have been completed in part by an earlier incumbent of office, and not the reopening of the assessment under Section 148 - in favour of assessee.
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