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TMI Blog1984 (7) TMI 55X X X X Extracts X X X X X X X X Extracts X X X X ..... in the civil court can be taken as an asset ? (c) If the answer to the above (a) and (b) points is in the affirmative, whether 50% of the kist amount and interest thereon claimed by the plaintiffs represent the market value as on the valuation date though the matter is still in dispute in the court on the valuation date ? II. (a) Whether the interest awarded by the civil court under section 28 of the Land Acquisition Act in respect of the Rajahmundry lands, can be included in the net wealth till it is finally determined by the court ? (b) In the circumstances of the case, whether 50% of the enhanced compensation and interest thereon awarded by the Hon'ble High Court represents the correct market value as on the valuation date when th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eemed to have been made on April 20, 1979, and are, therefore, beyond the period of four years prescribed by s. 17A(1)(a). We are not prepared to agree. Section 17A(1)(a), in so far as it is relevant, reads as follows: (1) No order of assessment shall be made under section 16 at any time after the expiration of a period of (a) four years commencing on and from the first day of April, 1975, or one year from the date of the filing of a return or a revised return under section 15, whichever is later, where the assessment year is an assessment year commencing from that date. The word to be noticed is " made". It must be remembered that an order of assessment is not an administrative order, but a quasi-judicial order. It is true that an or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Supreme Court held that the word " communicate " cannot be interpreted to mean that the order would become effective only on its receipt by the concerned Government servant. It was held that the communication is complete once the order is put in the course of transmission and thus goes out of the control of the authority passing it. Be that as it may, the said principle applicable in the case of administrative orders can not be extended to or applied in the case of quasi-judicial orders passed by the authorities in exercise of their quasi-judicial function. Indeed, we may refer to a decision of this court in Kodidasu Appalaswamy Suryanarayana v. CIT [1962] 46 ITR 735, in this behalf. There the order of assessment had to be made on or bef ..... X X X X Extracts X X X X X X X X Extracts X X X X
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