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2015 (10) TMI 2721 - AT - Income TaxReassessment - validity of notice issued u/s 148 - Assessment is in pursuance of an order on appeal u/s 150 - Held that:- an appellate or revisional authority cannot give a direction for assessment or reassessment which goes to the extent of conferring jurisdiction upon the AO if his jurisdiction had ceased due to the bar of limitation - if the issuing of a notice had become time-barred at the time of the order, which was the subject-matter of the appeal, then section 150 (1) cannot be invoked for making an assessment or reassessment - hence the proceedings initiated u/s 147 for the AY 2002-03 are impermissible and, therefore, the AO is not empowered to reopen the same u/s 150(1), considering the restriction placed by section 150 (2) - appeal by revenue is dismissed.
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