9911796707
TMI Blog2022 (3) TMI 872X X X X Extracts X X X X X X X X Extracts X X X X ..... A of the Income Tax Act, 1961 [for short 'the Act']. 2. The brief facts emanating from the record and pleadings of the parties are that the assessee filed its return of income for the assessment year under consideration declaring total income of Rs. 57,00,000/-The AO passed the assessment order u/s 144 of the Act and determined the total income at Rs. 1,50,00,000/- In the first appeal, the Ld. CIT(A) confirmed the Action of the AO. However, in the second appeal preferred by the assessee, the ITAT set aside the impugned order and sent the appeal back to the AO for passing assessment order afresh with the direction that the assessed income should not be less than the returned income. The assessee filed miscellaneous application for rectifica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g that the impugned assessment order barred by limitation as provided under sub section 153(3) r.w.s. 153(2)(A) and second proviso to sub section 153(2)(A) of the Act whereas the A.O. has simply given appeal effect to the order of the Hon'ble High Court of H.P. 2. On the facts and in the circumstances of the case, the Ld. CIT(A) has erred in law by holding that the impugned assessment order barred by limitation as provided under sub section 153(3) r.w.s. 153(2)(A) and second proviso to sub section 153(2)(A) of the Act whereas no time limit has been prescribed to give effect to the directions of the Hon'ble High Court." 5. The Ld. departmental representative (DR) submitted before us that since the AO has given appeal effect to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee. Since there is no infirmity in the order of the Ld. CIT(A), no action is warranted in the present case therefore, the appeal of the assessee may be dismissed. The Ld. counsel relied upon the following judgments to substantiate his contention: i. Nokia India Pvt. Ltd. vs. DCIT 407 ITR 20 (Delhi) ii. Bharti Engg. Corp. vs. UOI 298 ITR 400 (P&H) iii. Deep Chand Jain vs. ITD 145 ITR 676 (P&H) 7. We have heard the rival submissions of the parties including the cases relied upon by the Ld. counsel for the assessee. As pointed out by the Ld. Counsel, in the present case the Pr. CIT received the order passed by the Hon'ble High Court directing the AO to pass the assessment order afresh on 13.10.2009. Now, the question before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... first day of April 1999 but before the first day of April 2000, such an order of fresh assessment may be made at any time upto 31st day of March, 2002 : Provided further that where the order under section 254 is received by the Pr. Chief Commissioner or Chief Commissioner or Pr. Commissioner or Commissioner, 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. Commissioner or Commissioner, on or after the first day of April 2005 but before the first day of April 2011, the provisions of these sub section shall have effect as if for the words "one year", the words "nine months" had been substituted: (3) The provisions of sub section (1), (1A), (IB) and (2) sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... considered view, the findings of the Ld. CIT(A) are in accordance with the plain provisions of law. On the other hand, we are not convinced with the arguments of the department that the relevant provisions referred by the Ld. CIT(A) do not apply to the case of the assessee. No case law was brought to our notice by the department to rebut the arguments advanced by the Ld. counsel 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). In the result, the appeal of the Revenue is dismissed. Order pron ..... X X X X Extracts X X X X X X X X Extracts X X X X
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