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2012 (10) TMI 92 - GAUHATI HIGH COURTAnnulling the order u/s 158BD/143(3)/158BG by ITAT - Held that:- The search had been conducted and completed on 08.09.1999 is not disputed. The assessment order dated 31.12.2003 does not disclose, inter alia, that the assessment proceedings initially drawn on the basis of the search held on 08.09.1999 had, in fact, been dropped. To the contrary, the text thereof demonstrates that the same was pursuant to, amongst others, the notice dated 07.06.2000 issued under section 158BC - As the last of the notices dated 07.06.2000, 17.11.2000 and 07.12.2000 had been received by assessee on 28.12.2000 in this view of the matter, in terms of section 158BE (2), the assessment ought to have been completed latest by 31.12.2002. Thus in respectful agreement to the finding recorded by the Tribunal of annulling the order as it was dated 31.12.2003 - in favour of assessee.
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