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2015 (6) TMI 1238 - AT - Income TaxAssessment u/s 153A r.w.s. 144 - Period of limitation - Validity of special audit u/s 142A - assessments made in the period specified u/s 153B - special audit was ordered by AO giving 45 days time for the assessee to get the books audited and furnish the audit report - when the said audit report was not furnished by the assessee, AO suo motu extended the period vide his letter dated 10.3.2008 by giving another 135 days time totalling to 180 days permitted maximum time under the statute - HELD THAT:- As considered the submissions of the ld. DR in regard to the nature of amendment to proviso to section 142(2C) of the Act. In our opinion, the said amendment relates to the suo motu powers of the AO in extending due dates in matters relating to special audit. We do not want to go into this issue of suo motu powers of the Assessing Officer as it becomes an academic exercise considering the submissions of the ld. Counsel relating to the ordering for special audit after the assessments have already time barred on 31.12.2007. Therefore, on hearing both the parties and going through the chronology of the dates and the manner of computing time limitations in the form of charts furnished which are made part of this order, we are of the view that the direction of the Assessing Officer for special audit was served on the assessee on 25.1.2008 which must be considered for the purpose of computing the limitation of time in making assessment. In that case, the direction of the Assessing Officer was subsequent to the expiry of the due date for making assessment. Also without prejudice, even if the date 25.1.2008 considered by the Assessing Officer as the date of service of the direction and not 28.1.2008 as considered by the CIT(A), is taken into account, still the assessments were not made in the period specified u/s 153B of the Act. Accordingly, from all these points of view, we are of the opinion that the assessments made by the Assessing Officer for all these five assessment years uniformly on 24.9.2008 are bad in law. Thus, this part of Ground No.2 in all the appeals are allowed in favour of the assessee.
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