https://www.taxtmi.com/caselaws?id=775686 The ITAT Delhi held that the assessment framed under Section 153A read with Section 143(3) for AY 2011-12 was barred by limitation. The Court relied on the Delhi HC ruling in Sneh Lata Sawhney, clarifying that the exclusion under Explanation (ix) to Section 153B applies only when the reference for exchange of information is made under Sections 90/90A in accordance with the India-Hongkong DTAA. Since the DTAA came into force on 30.11.2018, requests for information relating to periods before that date are invalid under Article 26 of the Protocol. Consequently, the period of limitation for assessment could not be extended based on the reference made on 04.12.2018. The appeal was allowed, and the assessment order was set aside as barred by limitation. en-us Fri, 25 Jul 2025 00:00:00 +0530 Tue, 29 Jul 2025 08:30:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=775686 The ITAT Delhi held that the assessment framed under Section 153A read with Section 143(3) for AY 2011-12 was barred by limitation. The Court relied on the Delhi HC ruling in Sneh Lata Sawhney, clarifying that the exclusion under Explanation (ix) to Section 153B applies only when the reference for exchange of information is made under Sections 90/90A in accordance with the India-Hongkong DTAA. Since the DTAA came into force on 30.11.2018, requests for information relating to periods before that date are invalid under Article 26 of the Protocol. Consequently, the period of limitation for assessment could not be extended based on the reference made on 04.12.2018. The appeal was allowed, and the assessment order was set aside as barred by limitation. Case-Laws Income Tax Fri, 25 Jul 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=775686