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2023 (11) TMI 335 - AT - Income TaxValidity of assessment order passed u/s 153A r.w.s. 143(3) - Extension of period of limitation u/s 153B(1) - reference made by the revenue to Swiss authorities - whether the reference made by the revenue to Swiss authorities requesting for information under Article 26 of Indo swiss treaty for provision of exchange of information pertaining to the assessee for AY 2008-09 is valid thereby providing the extension of one year to assessing officer for completing the assessment under Explanation (ix) to section 153B? - HELD THAT:- As relying on Praveen Sawhney vs ACIT [2023 (7) TMI 1139 - ITAT DELHI] the information sought for pertaining to the assessee for A.Y. 2008-09 could not have been received by the revenue since Article 26 of the Indo Swiss Treaty regarding exchange of information is applicable for information that relates to the period on or after 1st April, 2011 and therefore is not a valid reference. In the light of these discussions, we hold that the claim of the revenue that period of limitation is extended by one year under section 153B based on the reference is not tenable and in assessee’s case, the assessment should have been completed on or before 31/12/2015. Accordingly the order passed by the A.O. 153A read with section 143(3) dated 29/12/2016 is clearly barred by limitation and is liable to be quashed.
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