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2016 (5) TMI 1272 - HC - Income TaxValidity of assessment as barred by limitation - is the period of limitation of two years to be reckoned from November 21, 2000? - Held that:- The fact that the restraint order was not extended after January 15, 1999 is a pointer to show that the search was at an end on January 15, 1999 itself. It is not within the power of the revenue to keep a matter pending for as long as they desire. The object is to dispose of the proceedings as expeditiously as possible. In this case, almost two years after January 15, 1999, the officers of the revenue called at the house of the assessee for the purpose of recording that the search was at an end. Question may be raised, could they have done it after ten years? The answer has to be in the negative. The question as to when did the search come to an end has to be answered on the basis of the attending facts and circumstances of each case. The restraint order was not extended after a period of three months. That means, the search was also abandoned. Therefore, the search came to an end. The search did not stand revived when the officers called at the house of the assessee merely for the purpose of recording that the search was at an end. We, therefore, find that the order passed by the learned Tribunal is a perfectly justified order. Therefore, the appeal fails. - Decided in favour of the assessee.
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