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TMI Blog2014 (9) TMI 1095X X X X Extracts X X X X X X X X Extracts X X X X ..... tion. It means that the revenue had no power and authority to continue the assessment proceeding beyond the statutory period of limitation.Consequently, the petition filed by the petitioner is allowed. The impugned notices dt.19.8.2010 (Annexure P/1-A) and continuation of assessment proceedings are hereby quashed. - W.P. No. 5529/2010 - - - Dated:- 25-9-2014 - S. K. Gangele And S. K. Palo, JJ. For the Petitioner : Pavan Dwivedi, Advocate For the Respondent : DPS Bhadoriya, Advocate-Revenue ORDER S. K. Gangele, J. The petitioner has filed this petition challenging the impugned notices dt.19.08.2010 (Annexure P/1). By the aforesaid notices, the authority initiated assessment proceedings against the petitioner under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stigation or enquiry can not be sustained in law. The settlement proceeding stands abated, however, the Division Bench further held that the notices issued under Section 142 (1) and 143 (2) can not be quashed. Division Bench further ordered that the Assessing Authorities shall now proceed with assessment proceedings. They shall be free to use the information collected against the appellants during the settlement proceedings against the appellants and pass appropriate orders. A review petition was filed, that has also been dismissed. Thereafter, the Assessing Officer issued notices to the petitioner on 19.8.2010. 4. The contention of the petitioner in this petition is that the assessment proceedings could not continue because the statut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m submission of application i.e. 28.5.2007 till 31.3.2008 has to be excluded for the purpose of counting 21 months in terms of Section 153B of the Income Tax Act. Hence, last date for completing assessment was 31.3.2009. 9. Sub clause (d) appended to Clause (iv) of sub section (1) of Section 245-HA of the Income Tax Act defines specified date . The provision is as under :- (d) in respect of an application referred to in clause (iv), on the date on which the time or period specified in sub-section (4A) of section 245D expires. Sub section 4A of Section 245D of the Income Tax Act is as under : (4A) The Settlement Commission shall pass an order under sub-section (4) - (i) in respect of an application referred to in su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provision extending the said period of limitation. No such provision is brought to our notice. 13. The contention of the revenue that the period from the date of filing of the application by the petitioner before the Commission on 28.5.2007 up to the order passed by the Division Bench of this court i.e. 16th September 2009 be excluded could not be accepted in view of the judgment of the Hon'ble Supreme Court. Apart from this, Hon'ble court has not extended the period of assessment in the judgment. In such circumstances, initiation of the proceeding and issuance of notices dt.19.8.2010 are beyond the period of limitation. It means that the revenue had no power and authority to continue the assessment proceeding beyond the stat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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