1985 (11) TMI 40

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....r section 256(1) of the Income-tax Act, 1961, at the instance of the assessee to answer the following questions : "(i) Whether, the Tribunal is correct in law in holding that the provisions of sections 144B and 153 are procedural in nature and hence, the assessee's case will be covered by these sections ? (ii) Whether, on the facts and in the circumstances of the case, the assessment order d....

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....was validly made on September 6, 1978, within the prescribed period of limitation. Aggrieved by this conclusion, the assessee sought a reference which has been made to answer the above quoted questions of law. The facts already stated clearly show and section 153 (sic), it must be held that the assessment order made on September 6, 1978, was passed within the prescribed period of limitation whi....

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....mmissioner. Section 153(1)(a), Explanation 1(iv), provides for exclusion of the period commencing from the date on which the Income-tax Officer forwards the draft to the assessee and ending with the date on which the Incometax Officer receives the directions from the Inspecting Assistant Commissioner under section 144B of the Act subject to a maximum of 180 days. These provisions are obviously pro....