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TMI Blog1984 (3) TMI 52X X X X Extracts X X X X X X X X Extracts X X X X ..... Harbans Lal, a broker of Ludhiana, under s. 132 of the I.T. Act, 1961 (hereinafter referred to as "the Act"). The records received from the custody of the said Shri Harbans Lal revealed that the assessee had advanced sums aggregating to Rs. 1,65,000 to various parties. While framing the assessment for the assessment year 1971-72, the ITO added this amount of Rs. 1,65,000 as well as a sum of Rs. 9 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es and confronting the assessee with the material available with him before framing the assessment de novo. " The assessee went up in further appeal before the Income-tax Appellate Tribunal, Amritsar, and challenged the jurisdiction of the AAC to restore the case back to the file of the ITO. This appeal was dismissed. At the instance of the assessee, the following two questions of law have been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y. On the second question, the learned counsel for the assessee has argued that the order of remand was bad because the ITO could not frame fresh assessment after the expiry of two years from the end of the relevant assessment year. In this connection, the learned counsel has placed reliance upon a Privy Council decision reported as CIT v. Khemchand Ramdas [1938] 6 ITR 414. Therein, an assessmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich event the ITO is bound to frame a fresh assessment in accordance with the directions contained in the order of remand. Section 153(2A) reads as under: " (2A) 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 pursua ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 51 of the Act and not under s. 250 which, according to him, laid down the procedure in appeal. There is no merit in this submission made by the learned counsel. Section 250(6) lays down that the order of the AAC shall state the points for determination, the decision thereon and the reasons for the decision. The order of remand is a decision given by the AAC within the meaning of this section. We a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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