TMI Blog2020 (1) TMI 653X X X X Extracts X X X X X X X X Extracts X X X X ..... herein the case facts are identical to the instant case and also to the precedential guidance in the decision of the Supreme Court and further held that the assessment related to 2008-09 and that the time limit for issuance of notice under Section 148 of the Act which is two years, had expired in the year 2010-11, before the amendment came into force. Having regard to the facts, the legal position referred to in the impugned order and the contents of the Circular referred to supra, we are of the view that the contention of the appellant that this appeal is to be considered to be falling within the exceptions contemplated in Clause 10(a) of Circular No.3 of 2018 is devoid of merit. Having thus given earnest consideration, we hold that, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was ₹ 58,03,000/- and that the assessee did not file his return of income disclosing capital gains arising from the sale of the subject property. It was further noticed that during the remittance of sale consideration to the assessee, deduction under Section 195 of the Act was not made by the purchaser of the property. An order under Section 163(1) of the Act, dated 20.03.2015, was passed treating the purchaser of the property as the representative assessee of the non-resident assesse. Pursuant to the order under Section 163(1) of the Act, a notice, dated 25.03.2015, under Section 148 of the Act was issued to the representative assesse. The assessment was completed under Section 144 read with Section 147 of the Act, vide or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the amendment of limitation period prescribed under Section 149(3) of the Act is involved and as the appellant is of the opinion that this appeal be considered to be falling within the exceptions carved out under clause 10 of the above circular. Therefore, we have examined the said aspect of the matter. As already noted, the Income Tax Appellate Tribunal, while allowing the appeal of the representative of the assesse, recorded a finding that the amendment to Section 149(3) of the Act, which came into force with effect from01.04.2012, was not applicable retrospectively and that the amendment made subsequent to the expiry of time limit cannot be made applicable to the assessment, which was already closed. The Tribunal also enunciated ..... X X X X Extracts X X X X X X X X Extracts X X X X
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