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2019 (12) TMI 443 - AT - Income TaxValidity of assessment - assessment order passed under section 143(3) - period of limitation - provision u/s 153(1) for extension of time limit to cover the time taken for obtaining the valuation report u/s 50C(2) - reference has been made under section 55A - HELD THAT:- Assessment has to be completed within two years from the end of the assessment year in which the income was first assessable or one year from the end of the financial year in which return or revised return related to the assessment year commencing on first day of April, 1980 or any earlier assessment year is filed under sub- section (4) or sub-section (5) of section 139 whichever is later. Explanation 1 sub-clause (iv) of section 153 provides an extension from the above two years where the Assessing Officer makes a reference to the Valuation Officer under sub-section (1) of section 142A and does not talk about the extension of time if the reference is made under section 55A or section 50C of the Act. Therefore, in the present case the assessment order was to be passed on or before March 31, 2016 whereas the same has been passed on May 19, 2016 and therefore, the assessment order is barred by limitation and hence, the grounds of appeal of the assessee are accepted. In a nutshell the appeal of the assessee is allowed.
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