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TMI Blog2022 (3) TMI 872X X X X Extracts X X X X X X X X Extracts X X X X ..... for the assessee. In our considered opinion, the findings of the Ld. CIT(A) are based on the provisions of law. Hence, we do not find any reason to interfere with the findings of the Ld. CIT(A). Accordingly, we allow the appeal of the appellant assessee and uphold the order passed by the Ld. CIT(A). Appeal of the Revenue is dismissed. - ITA No.70/CHD/2020 (Assessment Year :1994-95) - - - Dated:- 24-9-2021 - SHRI N.K. SAINI, VICE PRESIDENT AND SHRIR.L NEGI, JUDICIAL MEMBER Revenue by: Smt. C. Chandrakanta, CIT Assessee by: Shri Y. K. Sud, CA ORDER Per R.L. Negi, Judicial Member: The Revenue has filed the present appeal against the order dated 29.10.2019 passed by Commissioner of Income Tax (Appeals)-2, Amri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a High Court. The Hon'ble High Court set aside the impugned order passed by the Tribunal and directed the AO to assess the income of the assessee afresh without being bound by any upper or lower limit as laid down by the Tribunal without any upper limit. Accordingly, the AO passed the assessment order afresh u/s 143(3)/260A of the Act. Thereafter the assessee challenged the assessment order passed by the AO inter alia on the ground that the assessment order passed by the AO was barred by limitation provided u/s 153(3) of the Act. The Ld. CIT(A) allowed the legal ground raised by the assessee and set aside the impugned assessment order. The department has preferred the present appeal against the said order passed by the Ld. CIT(A). 4. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ead with section 260A of the Act may be upheld. 6. On the other hand, the Ld. Counsel for the assessee reiterated his arguments advanced before the Ld. CIT(A) and submitted that since the findings of the Ld. CIT(A) are in accordance with the provisions of the Act, there is no merit in the present appeal. The Ld. counsel pointed out that in the present case, the department received the order dated 02.09.2009 passed by the Hon'ble High Court on 13.10.2009 and as per the provisions of section 153(2A) and (3) the assessment was to be passed within in 9 months from the end of financial year in which the order of the Hon'ble High Court was received by the Pr. CIT. Hence, the AO was bound to pass the fresh assessment order on or before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 153. Time limit for completion of assessments and reassessments - (1) (2) (2A) an order of fresh assessment in pursuance of an order under section 250 or section 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 under section 250 or section 254 is received by the Pr. Chief Commissioner or Chief Commissioner or Pr. Commissioner or Commissioner, or as the case may be, the order under section 263 or section 264 is Passed by the Pr. Chief Commissioner or Chief Commissioner or Pr. CIT: Provided that where the order under section 250 or section 254 is received by the Pr. Chief Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal or reference under this Act; iii. -------- In the present case, the order of Hon ble HP High Court is dated 02.09.2009. It has been informed by ACIT, Circle - Shimla, vide his letter dated 25.09.2019 that the order of the Hon'ble H.P. High Court was received in the office of the Pr. CIT, Shimla, on 13.10.2009. The impugned assessment orders for A.Y. 1993-94 and 199495 u/s 143(3)/260A of the Act were passed on 21.12.2011. I find merit in the submissions of Ld. AR that the impugned orders could have been passed on or before 31.12.2010. The assessment orders are thus barred by limitation provided under sub section 153(3) read with sub section 153(2A) and second proviso to sub sec ion 153(2A) of the Act. The impu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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