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TMI Blog2017 (1) TMI 1566X X X X Extracts X X X X X X X X Extracts X X X X ..... sclosed sources in the relevant years. Set aside the issue raised in such appeals, to the file of the AO to decide the same afresh after the judgement. - M.A. No. 35/JP/2016 (Arising out of ITA No. 504/JP/2013) - - - Dated:- 11-1-2017 - SHRI KUL BHARAT SHRI VIKRAM SINGH YADAV For the Appellant: Shri R.A. Verma (Addl.CIT) For the Respondent: Shri Rajiv Sogani (CA) ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndefinite period. The set- aside assessments are required to be completed by the AO within the time prescribed in Section 153(2A) of the IT Act, 1961 which is one year from the end of the financial year in which the order of the ITAT is received by the concerned Commissioner. This limitation cannot be extended by the Hon ble ITAT itself for indefinite and uncertain period. As no limitation has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issue has also been decided by the Hon ble ITAT, Jaipur Bench, Jaipur in case of DCIT Vs. M/s Oriental Gemco (P) Ltd . in MA No. 21/JP/2016 (arising out of ITA No. 369/JP/2014 A.Y. 2008-09) order dated 14/10/2016. 4. Here it would be relevant to refer to the findings of the Coordinate Bench, which is the subject matter of present application, which is as under: 2.4 I have heard the rival ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar, an order of fresh assessment in pursuance of an order u/s 250 or 254 or section 263 or section 264, setting aside or cancelling an assessment, may be made at any time before the expiry of one year from the end of the financial year in which the order u/s 250 or section 254 is received by the Principal Chief Commissioner or chief Commissioner or Principal Commissioner or Commissioner or, as the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of Hon ble Rajasthan High Court in the case of Anuj Kumar Varshney Others vs. ITO (Supra) is delivered. From the perusal of records, it is also noted that the provisions of Section 153(2A) of the Act were not brought to the notice of this Tribunal. We accordingly recall the order passed by the Coordinate Bench of this Tribunal dated 12/11/2015 and direct the Registry to fix the matter f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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