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the assessment has to be completed within two years from the end of the assessment year in which the income was first assessable or one year from the end of the financial year in which return or revised return related to the assessment year commencing on first day of April, 1980 or any earlier assessment year is filed under sub- section (4) or sub-section (5) of section 139 whichever is later. Explanation 1 sub-clause (iv) of section 153 provides an extension from the above two years where the Assessing Officer makes a reference to the Valuation Officer under sub-section (1) of section 142A and does not talk about the extension of time if the reference is made under section 55A or section 50C of the Act. Therefore, in the present case the assessment order was to be passed on or before March 31, 2016 whereas the same has been passed on May 19, 2016 and therefore, the assessment order is barred by limitation and hence, the grounds of appeal of the assessee are accepted.

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Section 50C(2)&55A of the Income Tax Act, 1961 — Assessment — Limitation — Assessment had to be completed within two years from the end of assessment year in which the income was first assessable or one year from the end of the financial year in which the return or revised return related to assessment year commencing on the first day of April 1980 or any earlier assessment year is filed under section 139(4) or 139(5) whichever is later. Explanation to sub clause(iv) of section 153 provides an extension from the two years where the AO makes a reference to the Valuation Officer under section 142A(1) and did not talk about the extension of time if the reference was made under section 55A or section 50C — Naina Saluja vs. Deputy Commissioner of income tax [2019 ] 76 ITR (Tribunal) 135 (Lucknow)

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