Naina Saluja v. DCIT (2019) 76 ITR 135 (Luck.)(Trib.)

S. 153 : Assessment-Limitation-Capital gains-Reference to valuation officer–No extension of time for assessment as in case of reference under S. 142A-Assessment order to be passed on or before 31.03.2016 whereas the same was passed on 19.05.2016-Order barred by limitation. [S. 45, 50C, 55A, 142A]

In this case it has been held that explanation 1 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 sub-section (1) of section 142A and did not talk about the extension of time if the reference was made under section 55A or section 50C of the Act. The first reference was made under section 55A and the second reference was made under section 50C(2). Neither of the references was made under section 142A. Therefore, the assessment order had to be passed on or before March 31, 2016 whereas the order had been passed on May 19, 2016 and therefore, the assessment order was barred by limitation. (AY.2013-14)