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TMI Blog2004 (7) TMI 43X X X X Extracts X X X X X X X X Extracts X X X X ..... n the facts and circumstances of the case, the order passed by the Assessing Officer on May 31,1982, under section 104 of the Income-tax Act, 1961, is within the limitation under section 106(b) of the Act?" The relevant assessment year is 1973-74. The order under section 143(3) of the Income-tax Act was passed on March 20, 1975 and the order under section 104 of the Act was passed on March 18,197 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the date of the reassessment order passed by the Assessing Officer giving effect to the order in appeal. As that order has been passed on March 26, 1982, the Assessing Officer can pass fresh order under section 104 of the Act within a year from the date of reassessment order, i.e., one year period should be counted from March 27, 1982. Mr. Rajendra Mehta, learned counsel for the assessee, s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section (1) of that section, where such assessment year is an assessment year commencing on or before the 1st day of April, 1974; (ii) two years from the end of the assessment year relevant to the previous year referred to in sub-section (1) of that section, where such assessment year is an assessment year commencing after the 1st day of April, 1974 ; or (b) the expiry of one year from the end o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tanding anything contained in sub-sections (1) and (2), in relation to the assessment year commencing on the 1st day of April, 1971, and any subsequent assessment year, an order of fresh assessment under section 146 or in pursuance of an order, under section 250, section 254, section 263 or section 264, setting aside or canceling an assessment, may be made at any time before the expiry of two year ..... X X X X Extracts X X X X X X X X Extracts X X X X
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