TMI Blog2016 (7) TMI 517X X X X Extracts X X X X X X X X Extracts X X X X ..... sly barred by limitation and that is the view taken by the learned Tribunal. Mr.Nizamuddin, learned advocate appearing on behalf of the revenue has not been able to find any fault with the view taken by the learned Tribunal. - Decided in favour of the assessee. - G.A. No. 824 of 2011, ITAT 77 of 2011 - - - Dated:- 1-7-2016 - Girish Chandra Gupta And Asha Arora, JJ. For the Appellant : Md. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Assessing Officer issued a letter on 14.03.91 informing the assessee for a special audit u/s. 142(2A). Thereupon, the assessee filed writ petition and filed on 28th March, 1991 and by even date the Hon ble Calcutta High Court stayed the proceedings u/s.142(2A) till dated 10.06.1991. On 11.06.1991 again proceeding u/s.142(2A) was stayed till 21.08.1991. On 12.07.2001 appointment of special audit wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n which he issued notice u/s.142(1) the assessment was to be completed within next 15 days which was legally available to the Assessing Officer but the assessment was completed on 31.03.2003. Under the circumstances, this order of the Assessing Officer is barred by limitation. From the aforesaid narration of facts it would appear that the exclusion available to the assessing officer was for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion referred to [ in sub-sections (1), (1A), (1B), [(2), (2A) and (4)] available to the Assessing Officer for making an order of assessment, reassessment or recomputation, as case may be, is less than sixty days, such remaining period shall be extended to sixty days and the aforesaid period of limitation shall be deemed to be extended accordingly. Even assuming that the assessing officer had ..... X X X X Extracts X X X X X X X X Extracts X X X X
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