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2022 (7) TMI 1395 - HC - Income TaxValidity of reopening of assessment - assessment barred by limitation - Time limit for notice u/s 149 - HELD THAT:- As decided in BRAHM DATT case [2018 (12) TMI 832 - DELHI HIGH COURT] that the amendment of Section 149 of the Act by Finance Act, 2012, which extended limitation for reopening assessment to sixteen years could not be resorted for reopening proceedings concluded before amendment came into effect. Admittedly the amendment came into effect on 1st July, 2012 and the notice under Section 148 was issued on 19th August, 2013. The Tribunal after taking note of the decision in Brahm Datt [supra] took into consideration of the facts of the assessee’s case and found that notice for reopening the assessment issued on 19th August, 2013 in respect of the assessment year under consideration, Assessment year 2005-06 was time barred. The view taken by the learned Tribunal does not call for any interference - Decided against revenue.
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