9911796707
TMI Blog2001 (3) TMI 88X X X X Extracts X X X X X X X X Extracts X X X X ..... missioner in exercise of his powers under section 263 initiated proceedings and held the assessment order to be erroneous and prejudicial to the interests of the Revenue and accordingly set aside the same and directed the Income-tax Officer to make a fresh assessment. In pursuance of that order, the Assessing Officer issued notice on February 26, 1998. However, before any order could be made in pursuance of the order of the Commissioner of Income-tax, on appeal by the petitioner, the order of the Commissioner was set aside by the Tribunal by its order dated May 18, 1998, in I. T. A. No. 106/JDPR of 1998. A reference application preferred by the Commissioner of Income-tax under section 256(1) was also rejected in September 1998. An applicati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reafter. Learned counsel for the respondent urges that since the Revenue has not accepted the order passed by the Tribunal and has filed a reference application under section 256(2), the Income-tax Officer was within his jurisdiction to proceed with the matter and complete the same within limitation prescribed under section 155(2A). Having carefully considered the rival contentions, I am of the opinion that the contention of the respondent is not sustainable, because the Revenue has not accepted the order of the Tribunal, the Assessing Officer is entitled to give effect to order which has been set aside by the Tribunal. The efficacy of the order does not depend on its acceptance or non-acceptance by litigating party but it depends on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e it to state that if it is accepted, as contended by Mr. Lodha, that notwithstanding the setting aside of the order of the Commissioner of Income-tax, the order still remains operative and live and binds the Assessing Officer to give effect thereto within the period prescribed under section 155(2A), if the matter is sub judice then such limitation for making assessment in pursuance of the order of the Commissioner of Income-tax, then the said period has already expired. However, I refrain from making any comments on the question of limitation for completing the proceedings in case the Revenue becomes successful in the pending proceedings ultimately and the treatment of the period during which the order of the Commissioner of Income-tax rem ..... X X X X Extracts X X X X X X X X Extracts X X X X
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