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2016 (6) TMI 1432 - AT - Income TaxReopening of assessment post annulling proceeding under Section 153C - time limit for completion of the assessment - period of limitation - Argument of the assessee was that time limit for making the reassessments expired on 31.12.2011. Assessments having been completed after the said date, contention of the assessee was that assessments were barred by lapse of time and invalid - HELD THAT:- There is no dispute that first notice u/s.148 of the Act, was issued and served on the assessee on 25.03.2011. However it is also not disputed by the assessee that one more notice u/s.148 of the Act, was served on the assessee on 06.04.2011 for very same assessment years. Both the notices were dated 22.03.2011. There is nothing in law which would bar an AO from issuing two notices u/s.148 of the Act. If both the notices are dated even the second notice can only be considered as a replica of the original notice. Hence in our opinion, the time limit for completion of the assessments can be reckoned only from the date of service of notice on 06.04.2011. If we reckon one year period from the end of the financial year in which the notice was served, the last date would be 31.03.2013. Limitation under second proviso will not apply since the notice was served on 06.04.2011. Impugned assessment orders were passed on 28.03.2013 before such last date. Hence we cannot say that the assessment orders were time barred - No infirmity in the finding of CIT (A) in this regard. As find that CIT (A) had not adjudicated on the grounds taken by the assessee on merits assailing the additions made for unexplained investment. Appeals are remitted back to the file of CIT (A) for considering the grounds of assessee on merits of the additions made. Appeals are partly allowed for statistical purpose.
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