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TMI Blog2021 (4) TMI 547X X X X Extracts X X X X X X X X Extracts X X X X ..... . The subject matter of the appeal pertains to the Assessment year 2008-09. The appeal was admitted by a bench of this Court vide order dated 19.03.2020 on the following substantial questions of law: "(i) Whether on the facts and in the circumstances of the case, the Tribunal was correct in holding that the operation of the provisions of Section 153(3)(ii) presupposes and existing assessment order and the same cannot be applied for making an assessment order for the first time?" (ii) Whether on the facts and in the circumstances of the case, the Tribunal was correct in computing limitation period for giving effect to the directions of the Court in a writ petition, which is by way of other than an appeal or reference under the Act, by r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on Panel on 09.08.2012. Thereafter, the Dispute Resolution Panel passed an order on 22.04.2013. The Assessing Officer passed a final order on 31.05.2013. The assessee thereupon preferred an appeal before the Income Tax Appellate Tribunal (hereinafter referred to as 'the tribunal' for short) . The tribunal by an order dated 11.10.2017 inter alia held that draft assessment was completed by the Assessing Officer on 05.07.2012, which was beyond the period of limitation. After considering and excluding all the time period provided under Section 153(1)(a) read along with second proviso and explanation. Accordingly, the draft assessment and consequential assessment dated 31.05.2013 were held to be barred by limitation and were accordingly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... matter and asking the assessee to appear before the Assessing Officer on a particular date does not tantamount to either issuing a direction / finding within the meaning of Section 153(3)(ii) of the Act. In support of aforesaid submissions, reliance has been placed on decisions of the Supreme Court in 'INCOME-TAX OFFICER VS. MURLIDHAR BHAGWAN DAS', (1964) 52 ITR 335 (SC), 'RAJINDER NATH VS. COMMISSIONER OF INCOME-TAX', (1979) 2 TAXMAN 204 (SC) and a decision of the Allahabad High Court in COMMISSIONER OF INCOME TAX, AGRA VS. CHANDRA BHAN BANSAL', (2014) 46 TAXMANN.COM 108 (ALLAHABAD). 6. We have considered the submissions made by learned counsel for the parties and have perused the record. Before proceeding further, it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... years', the words "thirty -three months" had been substituted. (2A) 1 Notwithstanding 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 cancelling an assessment, may be made at any time before the expiry of two years from the end of the financial year in which the order under section 146 cancelling the assessment is passed by the 2 Assessing Officer or the order under section 250 or section 254 is received by the 4 Chief Commissioner or Commissioner or, as the case may be, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he copy of the order withdrawing the approval or rescinding the Notification as the case may be, under those clauses is received by the Assessing Officer. Provided that where immediately after the exclusion of the aforesaid time or period, the period of limitation referred to in sub- Sections (1), (1A), (1B), (2), , (2A) and (4) available to the Assessing Officer for making an order of assessment, reassessment or recomputation, as the case may be, is less than sixty days, such remaining period shall be extended to sixty days, such remaining period shall be extended to sixty days and the aforesaid period of limitation shall be deemed to be extended accordingly. 7. A bench of this court by an order dated 07.03.2012 disposed of the writ pet ..... X X X X Extracts X X X X X X X X Extracts X X X X
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