Law:

Section:

Section 153 of the Income-tax Act, 1961 - Assessment - Time-limit for completion of - Assessment year 1989-90 - Whether in absence of any fresh assessment order, in pursuance of order under section 250, passed within a period prescribed for purpose under section 153(2A), revenue has no authority to retain tax which is in excess of any amount determined to be payable against assessee - Held, yes FACTS Against the assessment order, the assessee filed appeal before the Commissioner (Appeals). The Commissioner (Appeals), videhis order dated 10-10-2000, aside the assessment order and restored the matter back to the Assessing Officer to re-decide the same and to pass fresh order of assessment. But no order was passed by the Assessing Officer in compli- ance with the order passed by the Commissioner (Appeals). Subsequently, the assessee, vide letter dated 21-8-2002, made a request to the concerned Assessing Officer for refund of the excess tax deposited by the assessee. But the assessee was informed through a letter dated 12-1-2006 that in the absence of any assessment having been made, no refund was due to the assessee. On writ : HELD A bare perusal of provisions of section 153(2A) reveals that notwithstanding anything contained in sub-sections (1), (1A), (1B) and (2) of section 153, an order of fresh assessment in pursuance of an order under section 250 can be made any time before the expiry of one year from the end of the financial year in which the order under section 250 was passed. In the instant case, the order was passed by the Commissioner (Appeals) on 10-10-2000 setting aside the order of the Assessing Officer and directing him to pass fresh order. In conformity with the provisions of section 153(2A), the fresh order could be passed by the Assessing Officer by 31-3-2002 since the Commissioner (Appeals)'s order in financial year 2000-01 and one year thereafter would have expired on 31-3-2002. Though the proceedings were initiated in the case for fresh order, admittedly no order was passed within the permitted period under section 153(2A)even till date. Net result of the same was that now no order could possibly be passed because of bar of limitation…

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