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2022 (1) TMI 597 - AT - Income TaxValidity of assessment passed u/s. 143(3) r.w.s. 144A r.w.s. 147- Period of limitation - HELD THAT:- On perusal of sub-section (2) of section 153 of the Act explains that no order of assessment, reassessment or recomputation shall be made u/s. 147 of the Act after the expiry of one year from the end of the financial year in which the notice u/s. 148 of the Act was served. In the present case, we note that the notice u/s. 148 of the Act was served on the assessee on 30- 03-2014 i.e. F.Y. 2013-14, thus, the time limit for reassessment is available with the AO is upto 31-03-2015. The AO passed pre-dated order on 30-03-2015 incorporating the directions dated 31-03-2015 issued by the Addl. CIT, directions of which are subsequent to the assessment order. DR submits that is a mistake the date was mentioned as 30-03- 2015 in place of 31-03-2015 and argued that the date of order may be treated as passed on 31-03-2015 as it is a rectifiable mistake. We are not convinced with the argument. In the ordinary circumstances, it is not possible that the direction of the Addl. CIT u/s. 144A, having been signed by him on 31-03-2015 which the AO on the same date; he dictated the order on same date after considering everything; it got typed on that date; and got signed by the AO also on 31-03-2015. This shows that the order was passed by the AO somewhere in April, 2015 and signed by pre-dating it as 30-03-2015. The order was actually passed after 31-03-2015, it was barred by limitation. We therefore, set aside the assessment order as time barred and the consequential first appellate proceedings. - Decided in favour of assessee.
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