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    <title>2010 (4) TMI 388 - CHHATTISGARH HIGH COURT</title>
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    <description>In block assessment proceedings, section 158BE limitation was held not to be extended by section 129 merely because of a change of incumbent. Section 129 applies only where a proceeding already heard by one authority is taken over by a successor, giving the assessee a right to seek reopening or rehearing before the order is made. As no hearing had occurred before the new incumbent took charge, the statutory basis for extending time by 60 days was absent. The Tribunal also could not sustain an assessment completed beyond limitation on the ground of bona fide mistake, since limitation under the Act cannot be relaxed on equitable considerations. The assessment was therefore barred by limitation.</description>
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    <pubDate>Thu, 22 Apr 2010 00:00:00 +0530</pubDate>
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      <title>2010 (4) TMI 388 - CHHATTISGARH HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=77645</link>
      <description>In block assessment proceedings, section 158BE limitation was held not to be extended by section 129 merely because of a change of incumbent. Section 129 applies only where a proceeding already heard by one authority is taken over by a successor, giving the assessee a right to seek reopening or rehearing before the order is made. As no hearing had occurred before the new incumbent took charge, the statutory basis for extending time by 60 days was absent. The Tribunal also could not sustain an assessment completed beyond limitation on the ground of bona fide mistake, since limitation under the Act cannot be relaxed on equitable considerations. The assessment was therefore barred by limitation.</description>
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      <pubDate>Thu, 22 Apr 2010 00:00:00 +0530</pubDate>
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