The Assessee, an NRI sold his property, however, did not file his return of income declaring capital gain. Assessee’s contention was that the land sold was an agricultural land beyond 12 kms from the local limits of the municipality, hence was not a capital asset as per S. 2(14)(iii) of the IT Act. AO rejected the same and made addition. The same was challenged before the DRP. The DRP upheld the addition. On appeal, the Assessee argued that the order passed by the AO is barred by limitation because, as per the provisions of s. 153(2) of the Act, no order of assessment or reassessment, or recomputation shall be made under s. 147. The Tribunal held that the assessment order is barred by limitation as the extended time limit u/s 153 sub section (4) is not available to the AO in the case of Assessee. (AY. 2016-17,2018-19)