9911796707
TMI Blog2011 (11) TMI 691X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee was disposed of by the Tribunal vide its order dated 30.9.2010. Subsequently, the Tribunal vide its order dated 8.07.2011 in M.A No 57/PN/2011 directed the Registry to fix the appeal for hearing to adjudicate an Additional Ground raised by the assessee, which was inadvertently not disposed of in its order dated 30.9.2010. It transpires that at the time of original hearing of appeal, apart from other Grounds, the assessee had raised an Additional Ground whereby it was canvassed that the order passed by the Assessing Officer under section 154 read with section 143(3) and 254 of the Act dated 24.4.2007 was null and void. The said Ground had remained unadjudicated and, therefore, the Tribunal directed in its order dated 8.7.2011 to fix the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ITA No 603/PN/96 is as under: 6. Having heard both the sides, we find that there is some discrepancy with regard to the words loan and known . According to the assessee, the figures represent receipts from known person and the income mentioned in the diary generated from sale of scrap which were advanced to different partners. After going through the orders of the revenue authorities, we find that the facts pertaining to this issue are not very clear which require reconsideration particularly in view of the fact that the rectification application filed by the assessee is still pending before the AO. In view of aforesaid circumstances, we set aside this issue and restore the same to the file of the AO for considering afresh in accorda ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y of March, 2002. 4. As per assessee, in this case the issue relating to the addition of ₹ 3,38,024/- was set aside to the file of the Assessing Officer by the Tribunal vide order dated 28.9.2003 and, therefore, the fresh order was liable to be passed by the Assessing Officer before the expiry of one year from the end of the financial year in which the said order was received by the Commissioner. It was, therefore, contended that the order passed by the Assessing Officer on 24.4.2007 is contrary to the provisions of section 153(2A) of the Act and, therefore, the same is liable to be declared as null and void. 5. On the other hand, the argument put-forth by the Revenue s to the effect that section 153(2A) of the Act is not appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n issue relating to addition of ₹ 3,58,024/- for fresh consideration in accordance with law. In other words, as per the Revenue since the assessment is neither cancelled nor set aside by the Tribunal, section 153(2A) is not applicable, but it is section 153(3) of the Act which would be applicable in terms of which there is no time limit provided for making the impugned order. 6. On the aspect of applicability of limitation placed in section 153(2A) of the Act in a case where only certain issues have been set aside and not the entire assessment, the appellant has placed reliance on the decision of Agra Bench of the Tribunal in the case of Pooran Singh v. ACIT 100 TTJ 1121 (Agra). In terms of the said decision, even setting aside of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9.2003 set aside the addition of ₹ 3,38,024/- and restored the issue back to the file of the Assessing Officer for considering afresh in accordance with law. In our considered opinion merely because the entire assessment was not cancelled or set aside by the Tribunal, it would not take the case outside the purview of the time limit prescribed for completion of an assessment and re-assessment under section 153(2A) of the Act. A perusal of section 153(2A) makes it clear that where an order of fresh assessment in pursuance to an order under section 250 or section 254 or section 263 or section 264 is required to be made, it has to be passed before the expiry of one year from the end of the financial year in which the order under section 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... extended limitation provided under section 153(3) is misplaced on facts in the instant case. 9. On the contra, it is section 153(2A) of the Act, which would come into operation as a result of the order of the Tribunal dated 28.9.2003 with regard to the issue of the addition of ₹ 3,58,024/- and therefore, the order of the Assessing Officer dated 24.4.2007 passed in pursuance to section 254 of the Act is barred by limitation having regard to the explicit provisions of section 153(2A) of the Act. The impugned order is hereby set aside and the additional Ground raised by the assessee is allowed. 10. In the result, the captioned proceedings are allowed. Decision pronounced in the open Court on the 29th Day of November, 2011. - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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