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TMI Blog2002 (4) TMI 232X X X X Extracts X X X X X X X X Extracts X X X X ..... 31-3-2000 passed under section 143(3) read with section 148 for the assessment year 1987-88, and when the matter reached the level of the Tribunal, the Tribunal vide its order dated 28-2-2002 in ITA No. 150/Hyd./2001 remanded the matter to the CIT(A) to consider the plea of the assessee that the said assessment was time-barred. It is also mentioned that on an earlier occasion, the Commissioner had initiated proceedings under section 263 on one of the issues covered by the impugned order under section 263, i.e., withdrawal of depreciation of Rs. 6,08,737, but those proceedings were dropped after being satisfied with the stand of the assessee that the depreciation was allowable as claimed. It is pleaded that the impugned order under section 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elied on by the ld. counsel for assessee before us, Hon'ble A.P. High Court observed as under- "....However, it is obvious that the provision contained in sub-section (2A) shall have to be an additional factor which the Tribunal has to take into consideration while passing an order of stay or other interlocutory order pending the appeal before it. In other words, while granting the stay or any other interlocutory order, the Tribunal shall have to keep in mind the period of limitation prescribed in section 153(2A) of the Act and pass orders in the light of the same. It is always open to the department to bring to the notice of the Tribunal the particular difficulties, if any, it would face in case a stay is granted, and the Tribunal shall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. The validity of these matters can be decided only in appellate proceedings. 6. Further, the issue involved in this case is whether there is a dissolution of the firm or whether there is a slump sale of the assets to the company, which was introduced as a partner into the assessee-firm. This issue can be decided only in regular appellate proceedings. Similarly, the question of limitation of the assessment, i.e., whether the assessment order dated 31-3-2001 is time-barred or not can be decided only in regular assessment. Pending the adjudication of the issue, we cannot proceed on the basis that it is so barred by limitation. That is a matter which can be decided only in regular appellate proceedings. 7. For the foregoing reasons we see ..... X X X X Extracts X X X X X X X X Extracts X X X X
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