2016 (7) TMI 517

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....vocate Mr.S.Das,Advocate, Advocate Ms.Sanjukta Gupta,Advocate ORDER The Court : The subject matter of challenge in this appeal is judgement and order dated 16th September, 2004 by which the learned Income Tax Appellate Tribunal "A"Bench, Kolkata in ITA NO.1866 (Kol) of 2004 pertaining to the assessment year 1988-89 and Cross Objection No.144/Kol/2004 dismissed the appeal preferred by the rev....

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.... The Ld.CIT(A)-II, Calcutta informed the assessee by letter dated 08.11.2001 that a special audit u/s. 142(2A) has been approved on the same terms and conditions as in earlier letter dated 06.03.1991. As such, the assessee was to obtain such report within four months from 08.11.2001. The assessee again filed petition before Hon'ble Calcutta High Court on 24.12.2001. The Hon'ble Calcutta High Court....

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....cial audit was quashed by the High Court on 9th September, 2002. Therefore, the assessment should have been completed by 26th September, 2002. Even assuming that the assessing officer was informed of the order dated 9th September, 2002 only on 25th November, 2002 and even assuming that the time will start from 25th November, 2002, the assessment should have been completed within 17 days thereaf....

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....hat would give him time till 25th January, 2003 whereas the assessment was completed on 31st March, 2003. Therefore, the assessment was hopelessly 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. The question raised by the re....