Law:

Section:

Section 153, read with section 104, of the Income-tax Act, 1961 - Income escaping assessment - Time-limit for completion of reassessment - Assessment year 1973-74 - Commissioner vide his order dated 31-03-1980 set aside order passed under section 104 - Fresh order giving effect to order of Commissioner (Appeals) was passed by Assessing Officer on 31-05-1982 - Whether since limitation for consequential order under section 153 is two years and in order in question had been passed on 31-03-1980, two years period should be counted from that date and limitation as such would expire on 31-03-1982 - Held, yes- Whether, therefore, order passed by Assessing Officer under section 104 on 31-05-1982 to give effect to order of Commissioner (Appeals) was beyond limitation and, thus, illegal - Held, yes FACTS The orders passed under section 143(3) and section 104 for the relevant assessment year were challenged before the Commissioner (Appeals). The Commissioner (Appeals) had set aside both the orders vide his order dated 31-03-1980. Fresh assessment order giving effect to the order of the Commissioner (Appeals) was passed by the Assessing Officer on 26-03-1982 and fresh order under section 104 giving effect to the order of the Commissioner (Appeals) was passed on 31-05-1982. In the appeal, the controversy was whether the fresh order passed under section 104 giving effect to the order of the Commissioner (Appeals) was within thelimitation. HELD A perusal of the provisions of section 106 reveals that the word and expression used 'assessment' and 'reassessment' that have been defined in the Act. As per the definition, assessment includes reassessment, but the order which has been passed in consequence of the appeal order has not been defined, but the limitation for such order has been given in section 153(2A). [Para 7] The limitation for passing consequential orders under section 153 is two years. Undisputedly, the appeal order had been passed on 31-03-1980. Therefore, two years period should be counted from 01-04-1980 and the limitation in the instant case, thus, expired on 31-03-1982. [Para 8] In the instant case, the limitation for giving effect to the order of the…

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