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2020 (1) TMI 653 - HC - Income TaxReopening of assessment u/s 147 - limitation period prescribed under Section 149(3) - HELD THAT:- As already noted, the Income Tax Appellate Tribunal, while allowing the appeal of the representative of the assessee, recorded a finding that the amendment to Section 149(3) of the Act, which came into force with effect from 01.04.2012, was not applicable retrospectively and that the amendment made subsequent to the expiry of time limit cannot be made applicable to the assessment, which was already closed. The Tribunal also enunciated the legal position obtaining in support of its findings by making a reference to a decided case wherein the case facts are identical to the instant case and also to the precedential guidance in the decision of the Supreme Court and further held that the assessment related to 2008-09 and that the time limit for issuance of notice under Section 148 of the Act which is two years, had expired in the year 2010-11, before the amendment came into force. Having regard to the facts, the legal position referred to in the impugned order and the contents of the Circular referred to supra, we are of the view that the contention of the appellant that this appeal is to be considered to be falling within the exceptions contemplated in Clause 10(a) of Circular No.3 of 2018 is devoid of merit. Having thus given earnest consideration, we hold that, in the facts and circumstances of the case, the contention that the appeal can be instituted on the above ground urged by the appellant is untenable, and that there is no substantial question of law involved and that therefore, the present appeal, in view of the contents of the afore-stated Circular and the well reasoned sustainable findings of the Income Tax Appellate Tribunal, is liable for dismissal at the stage of admission.
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