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2018 (5) TMI 584 - AT - Income TaxReopening of assessment - notice issued u/s 148 issued beyond the statutory time of six years from the end of the assessment year - Held that:- In merits embargo enshrined in section 149 is operative and here within six years notice should have been issued but in the case of the assessee, it was not done and the appellate order itself, which is the basis of issue of notice under section 148 and very basis for invoking provisions of section 150(1), was passed on 28/2/2013. Notice under section 148 was issued thereafter, therefore, it is beyond the period of limitation. The ingredients of section 150(1), which the Revenue has made the basis for issue of notice under section 148, itself is not satisfied, therefore, issuance of notice under section 148 is directly hit by the provisions of section 149 limitation. We are, therefore, of the considered view that since issuance of 148 notice is barred by limitation, serving of notice itself is invalid and bad in law and, therefore, any consequent assessment or re-assessment is obviously null and void. Direct quashing of the re-assessment proceedings. - Decided in favour of assessee.
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