TMI Blog2009 (4) TMI 306X X X X Extracts X X X X X X X X Extracts X X X X ..... that opportunity of hearing has to be granted to the assessee before proceeding under section 142(2A). Thus, according to the petitioner, the impugned assessment framed under section 158BC of the Income-tax Act by the Assessing Officer is barred by limitation within the meaning of the provisions contained in section 158BE read with section 142(2A) – Held , dismissing the appeal that the SC had sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... une 30, 2008, of the learned Income-tax Appellate Tribunal in the cross appeal filed by the appellant and the Revenue in IT(SS) No.10/De112007 and IT(SS) No.17/DeI/2007. Vide this order, the learned Appellate Tribunal has held that the assessment completed was within the period of limitation and in the light of the judgment of the hon'ble Supreme Court in the case of Sahara India (Firm) v. CIT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esh Kumar [2006] 287 ITR 91 but held that although the orders in question were vitiated by failure to observe the principle of audi alteram partem, its ruling on the question of law would apply prospectively and that it would not be open for the appellant to raise the question of limitation before the appellate authority. The relevant excerpts of the judgment of Sahara India (Firm) [2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity that the extended period of limitation under Explanation 1(iii) to section 153(3) of the Act was not available to the Assessing Officer because of an invalid order under section 142(2A) of the Act." 4. However, it will be open to the appellants to question before the appellate authority, if so advised, the correctness of the material gathered on the basis of the audit report submitted under ..... X X X X Extracts X X X X X X X X Extracts X X X X
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