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TMI Blog2008 (9) TMI 13X X X X Extracts X X X X X X X X Extracts X X X X ..... al For the Respondent : Mr Prakash Kumar BADAR DURREZ AHMED and RAJIV SHAKDHER, JJ. JUDGMENT The judgment of the court was delivered by BADAR DURREZ AHMED, J.- This appeal is directed against the order passed by the Income Tax Appellate Tribunal on 23.11.2007 in the assessee's appeal before it for the assessment year 1999-2000. The facts relevant for the present appeal are that an assessment was framed under Section 143(3) of the Income Tax Act, 1961. The Commissioner, Income Tax invoking the provisions of Section 263 of the said Act passed an order on 25.3.2004 setting aside the said assessment order and directing the Assessing Officer to calculate taxable income according to the merchantile system of accounting. The Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing become infructuous by virtue of the impugned order dated 23.11.2007. It is the revenue's contention in this appeal before us that no period of limitation has been prescribed in respect of orders which are to give consequential effect to orders passed by the Commissioner of Income Tax in exercise of his powers under Section 263 of the Act. The learned counsel for the appellant referred to the provisions of Section 153(2A) and 153(3)(ii) to submit that no period of limitation has been prescribed for passing orders consequential to the order passed by the Commissioner Income Tax under Section 263. She submitted that the period of limitation that has been prescribed by virtue of Section 153(2A) only relates to cases where the entire asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , including an order enhancing or modifying the assessment, or cancelling the assessment and directing a fresh assessment. In view of this provision it is clear that the Commissioner may pass any order as the circumstances of the case justify. In the present case we find that the Commissioner while passing the order under Section 263 has given a specific direction that the Assessing Officer shall pass the consequential orders within a period of three months approximately. This direction would certainly fall within the expression "such order thereon as the circumstances of the case justify" appearing in Section 263(1) of the said Act. It appears that it is in this context that the Tribunal concluded that the time for passing the order had ex ..... X X X X Extracts X X X X X X X X Extracts X X X X
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