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2010 (7) TMI 40 - HC - Income TaxAssessment u/s 158BC – Block assessment – notice u/s 143(2) issued after the expiry of period of limitation – necessity to issue of notice u/s 143(2) for the purpose of block assessment – calculation of period of limitation and exclusion of certain period u/s 153 - Held that: - the filing of an application under Section 245C before the Settlement Commission does not create any bar on the Assessing Officer in proceeding with the assessment in the normal course. Therefore, there is no question of any exclusion of time when there was no impediment in proceeding with the assessment by issuing and serving upon the assessee a notice under Section 143(2) etc. In fact, there was no impediment in even passing an assessment order. - no exclusion of time having been provided for issuance / service of notice under Section 143(2) of the said Act in the Explanation 1 to Section 158BE, the notice under Section 143(2), which was issued on 05.07.2004, was clearly beyond time. - since the notice under Section 143(2) was issued beyond the prescribed period of limitation, the block assessment order under Section 158BC(c) of the said Act made in pursuance of such a notice was bad in law – decided in favor of assessee
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