2020 (10) TMI 305

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... R D E R With the consent of both parties, the present Writ Petition is heard through Video Conferencing on 16.09.2020. 2. The petitioner, along with his wife, purchased a property in Chennai on 09.05.2008 for a sale consideration of Rs. 1,67,54,730/-, which includes registration charges and had filed his return of income on 30.09.2009 for the Assessment Year 2009-10, which was processed und....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....sment under Section 143(3) was completed through the impugned assessment order dated 30.12.2016. 4. The learned counsel for the petitioner submitted that the notice under Section 148 on 30.03.2016 was beyond the period of four years and therefore, is barred by limitation in view of the proviso to Section 147 of the Act. 5. Mr.A.P.Srinivas, learned Senior Standing Counsel for the department, ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ear period prescribed under this Section, expires. Apparently, the notice under Section 148 dated 30.03.2016 is beyond the period of six years and as such, the notice itself is bad in law, since barred by limitation. As such, the consequential impugned assessment order dated 30.12.2016, cannot be sustained. 7. Insofar as the objections raised by the learned Senior Standing counsel for the depar....