9911796707
TMI Blog2012 (2) TMI 53X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 18/2/2008 of CIT (A) for the assessment year 2003-04. The assessee in this appeal has challenged the legal validity of the assessment order on the ground that the same was barred by limitation, in addition to challenging the merit of disallowance of various expenses made by AO. 2. Facts in brief are that a search under section 132(1) of the IT Act had been conducted in case of the as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 22/6/2006, therefore the AO was entitled to get 165 days for passing order after 31/3/2006. The AO was also entitled to deemed extension of 60 days under Explanation-1 to section 153. The assessment order was passed on 29/9/2006. The case of the department is that the assessment order passed by AO was not barred by limitation as order had been passed within the extended period. The case of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in directing the assessee to get the accounts audited under section 142(2A) and therefore, AO was not entitled for extra time for completion of assessment under section 158B(1)(ii). Therefore, the case was covered by the decision of the Tribunal (supra), and the assessment order made by the AO has to be quashed. The ld. DR on the other hand placed reliance on the order of AO. 4. We have perused t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that, under section 142(2A), the AO was empowered to order special audit only when there was complexity in accounts. In the present case, no complexity of accounts was involved. The assessee had filed all details, documents, information and computation of revised statement before the AO explaining the manner in which income had been arrived. It was a simple case of estimation of income based on d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or completing assessment and therefore, assessment order passed on 29/9/2006 was barred by limitation. Facts in this order are identical. Therefore, respectfully following the decision of the Tribunal in assessment years 1998-99 to 2003-04 and 2004-05 (supra), in assessee's own case, we hold that the assessment was barred by limitation. We accordingly set aside the order of CIT(A) and allow all gr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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