9911796707
TMI Blog1979 (10) TMI 99X X X X Extracts X X X X X X X X Extracts X X X X ..... . The first effective ground before us is whether the assessment order is time barred. 2. Shri K.C. Patel, the ld. counsel for the assessee firstly referred to some material dates. He, firstly, stated that under s. 153(1) the assessment year being for A.Y. 1974-75, it would have been ordinarily time barred on 31st March, 1977. Then he stated that the ITO had sent draft assessment order to the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rections. The draft order having been sent on 31st July, 1977 the assessment should have been passed by 31st July, 1977. As it is passed on 21st Sept., 1977 it is out of time. 3. This contention was rejected by both the ITO and the ld. AAC. This is the first effective point in appeal before us. 4. Shri Patel urged that the interpretation of the authorities below, that the extensions of one h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the period in computing the period of limitation. Which would have expired on 31st March, 1977. The words 'not exceeding one hundred and eighty days' extended the period from the last date of the limitation and there was no control or time limit between the period of the ITO forwarding draft order to the assessee and passing final orders on getting directions from the IAC subject to the over all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... date of such forwarding extending upto the date on which the ITO receives directions from the IAC is to be excluded; however, with a view to avoid these proceedings taking an unreasonably long time there is a further limit of one hundred and eighty days for this purpose. Thus, if the ITO wants to pass his order within the extended time limit, he could do so only if he forward the draft assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er having been passed on 21st Sept., 1977, that is before 30th Sept., 1977, it is within time under s. 153. We, therefore, agree with the ld. AAC that the order is not barred by limitation. 7. xxx xxx 8. xxx xxx 9. xxx xxx 10. xxx xxx 11. xxx xxx 12.-23. xvx xxx - - TaxTMI - T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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