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TMI Blog2013 (9) TMI 757X X X X Extracts X X X X X X X X Extracts X X X X ..... gs under the 1961 Act have led to passing of a fresh order against assessees, arrayed as respondents, holding them liable for payment of additional market fee, interest etc. Restored the matter to the Assessing Officer to proceed afresh and in accordance with law after considering orders passed under the 1961 Act and if permissible, frame a fresh assessment against the assessee. - ITA No.257 of 2012 (O&M) - - - Dated:- 10-9-2013 - Rajive Bhalla And Dr. Bharat Bhushan Parsoon,JJ. For the Appellant : Mr. Denesh Goyal, Advocate,.Mr. Ajit Sihag, Advocate For the Respondent : Mr. Sandeep Khunger, Advocate,.Mr. Avneesh Jhingan, Advocate ORDER Rajive Bhalla, J. (Oral) By way of this order, we shall dispose of ITAs No.25 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as been set aside, the order passed by the Assessing Officer is not warranted. An appeal filed by the revenue against this order was dismissed by the ITAT. Counsel for the revenue admits that orders passed under the Punjab Agricultural Produce Markets Act, 1961 (hereinafter referred to as the '1961 Act') have been set aside, but submits that after remand the authority exercising power under the 1961 Act, has passed a fresh order that indicates suppression of quantum of sales and as a consequence, evasion of income. The matter may, therefore, be remitted to the Assessing Officer to determine escaped income, afresh and in accordance with law on the basis of fresh orders passed under the 1961 Act. It is further submitted that though in ITA N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etc., the Assessing Officer would be required to reconsider these orders to ascertain whether any income has escaped assessment or the assessee is guilty of evasion of tax etc. We, therefore, restore the matter to the Assessing Officer to proceed afresh and in accordance with law after considering orders passed under the 1961 Act and if permissible, frame a fresh assessment against the assessee. As regards ITA No.270 of 2012, the Assessing Officer would be free to consider framing an assessment in accordance with law as and when and if any adverse order is passed against the assessee, under the 1961 Act. In view of what has been stated hereinabove, the impugned orders are affirmed. The order passed by the ITAT is modified in the aforem ..... X X X X Extracts X X X X X X X X Extracts X X X X
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