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2013 (7) TMI 317 - HC - Income TaxReassessment u/s 147 - Notice for income escapement u/s 148 beyond 4 years – Barred by limitation - whether the assesse had been given an opportunity of hearing - Held that:- No opportunity of hearing was given to the assesse - bar of limitation prescribed by Section 149 is not lifted - the deeming provision provided in Explanation 3 to Section 153 does not get attracted in the present case because an opportunity of hearing had not been given to the assesse - the provisions of Section 150 would also not be attracted - In such a situation, the normal provisions of limitation prescribed under Section 149 would apply - Those provisions restrict the time period for reopening to a maximum of six years from the end of the relevant assessment year - In the present writ petitions, the notices under Section 148 have all been issued beyond the said period of six years. Therefore, we are of the view that the said notices are time barred- notices under Section 148 of the said Act are set aside and so, too, are all the proceedings pursuant thereto, including the assessment orders that have been passed – petition allowed in the favor of the assessee.
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