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2015 (4) TMI 556 - AT - Income TaxValidity of the assessment orders u/s 153A, r.w.s. 143(3) - period of limitation - Held that:- The language of provisions of Sections 158BE and 153B of the Act, so as it relate to computation of limitation, is same. The search is conducted on the basis of authorizations issued to the officers of the departments. In all these cases, the Courts have considered the authorizations issued by the departments to its officers and conclusions of such authorizations by way of punchnama in which the seizures made during the course of search are considered along with the requisitions made under Section 132A. A unanimous view has been taken by the Courts that the authorizations referred to in the provisions relating to computation of limitation is to be considered as a conclusion of search on the dates when seizures are made and practically the search is concluded. If the authorization is extended by way of passing prohibitory order then it would be relevant to look into the action of the department taken on subsequent dates till the prohibitory order passed are revoked or vacated. In various cases such prohibitory orders are being passed by the Revenue and according to unanimous view taken by the Courts more particularly Hon’ble Jurisdictional High Court, that if on the date when such prohibitory orders are vacated, it would be relevant to see the action of the department and if no seizure is made on that date and nothing is done except lifting the prohibitory orders then the last punchnama drawn on that date would not be relevant to compute the limitation period for framing the assessment. We are of the opinion that the learned CIT(A) has committed an error in not accepting the submission of the assessee that the computation of the period of limitation should commence on 1st March, 2007 when for all practical purposes the authorization issued by the department for search in the case of the assessee was executed and subsequent punchnama drawn on 28th April, 2007 could not be considered as relevant for computing the period of limitation for framing the assessment. Therefore, we reverse the order of learned CIT(A) on this issue and it is held that the assessments framed by the Assessing Officer on 29th December, 2009 in respect of all the impugned assessment years are beyond the period of 21 months, therefore, barred by limitation and thus are invalid assessments. The impugned assessments are quashed. - Decided in favour of assessee.
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