Shri Ziauddin Ahmad, Kanpur V. Income Tax Officer- 6(1), Kanpur

MA 77/LKW/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3488 (ITAT-LUCKNOW)
• Duration Of Justice: 1 month(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-09-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2003-2004
• Appeal Filed On: 17-07-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: P K KAPOOR
• Keywords: Opportunity of being heard; Period of limitation; Advance ruling; Revised return; Reassessment proceedings
• Section: 153A; 147; 148; 263; 144; 90

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A, LUCKNOW BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER M.A. NO. 77 /LKW/2015 (ARISING OUT OF I.T.A.NO. 117 /LKW/201 1 ) ASSESSMENT YEAR:200 3 - 04 SHRI ZIAUDDIN AHMED, FLAT NO. 207, RATAN SQUARE, 14/138, CHUNNIGANJ, KANPUR. PAN:AAPPA9023N VS. INCOME TAX OFFICER - 6(1), KANPUR. (APPLICANT) (RESPONDENT) APPLICANT BY SHRI P. K. KAPOOR, C.A. RESPONDENT BY SHRI AMIT NIGAM, D. R. DATE OF HEARING 28/08/2015 DATE OF PRONOUNCEMENT 1 0 /09/2015 O R D E R PER A. K. GARODIA, A.M. THIS MISC. APPLICATION IS FILED BY THE ASSESSEE , T HE CONTENTS OF WHICH ARE RUNNING INTO 16 PAGES . FROM PARA 11.1 TO 14 OF THE MISC. APPLICATION BEING PAGES 9 TO 12, IT IS STATED THAT SOME TECHNICAL ASPECT S , SUCH AS VALIDITY OF REASSESSMENT PROCEEDINGS AND VALIDITY OF NOTICE U/S 143(2) ETC. WERE EITHER NOT DECIDED IN THE IMPUGNED TRIBUNAL ORDER OR WERE WRONGLY DECIDED. ON THIS ASPECT, WE DO NOT FIND ANY MERIT IN THIS MISC. APPLICATION BECAUSE THESE ISSUES ARE OF ACADEMIC INTEREST ONLY BECAUSE IN THE IMPUGNED TRIBUNAL ORDER, THE TRIBUNAL HAS FOLLOWED THE JUDGMENT OF HON'BLE ALLAHABAD HIGH COURT IN ASSESSEES OWN CASE AND IT WAS HELD BY THE TRIBUNAL THAT NO ADDITION ON ACCOUNT OF CAPITAL GAIN CAN BE MADE IN THE PRESENT YEAR. WHEN THE TRIBUNAL HAS DELETED THE ADDITION ITSELF, THESE TECHNICAL ASPECTS SUCH AS VALIDITY OF REASSESSMENT PROCEEDINGS, VALIDITY OF NOTICE U /S 143(2) ETC. ARE OF [ 2 ] ACADEMIC INTEREST ONLY AND HENCE, WE HOLD THAT THESE CONTENTIONS RAISED IN THE MISC. APPLICATION ARE OF ACADEMIC INTEREST ONLY AND THEREFORE, NO SEPARATE ADJUDICATION IS CALLED FOR. 2. THEREAFTER IN PARA 15.1 OF THE MISC. APPLICATIO N, IT IS STATED THAT THE DIRECTION GIVEN BY THE TRIBUNAL TO THE ASSESSING OFFICER TO TAX THE CAPITAL GAIN IN ASSESSMENT YEAR 200 2 - 0 3 IS NOT PROPER BECAUSE THE TRIBUNAL COULD NOT HAVE GIVEN SUCH DIRECTIONS. 3. IN THIS REGARD, WE WOULD LIKE TO OBSERVE THAT EVEN IF IT IS CLAIMED THAT SUCH CONSEQUENTIAL DIRECTION OF THE TRIBUNAL IS NOT PROPER, IT CANNOT BE SAID THAT IT IS AN APPARENT MISTAKE RECTIFIABLE U/S 254(2) AND THEREFORE, ON THIS ASPECT ALSO, WE DO NOT FIND ANY MERIT IN THE MISC. APPLICATION OF THE ASSE SSEE. AT THIS JUNCTURE, IT IS IMPORTANT TO NOTE THAT THIS IS BY NOW A SETTLED POSITION OF LAW THAT CORRECT INCOME SHOULD BE TAXED IN CORRECT HANDS IN CORRECT YEAR. IN VIEW OF THE JUDGMENT OF HONBLE JURISDICTION HIGH COURT IN ASSESSEES OWN CASE, IT IS ALS O SETTLED THAT THE TRANSFER TOOK PLACE IN F. Y. 2001 02 RELEVANT TO A. Y. 2002 03 AND THERE IS NO AMBIGUITY ON THIS ASPECT AND THE ISSUE ON MERIT IS DECIDED BY THE TRIBUNAL IN THE IMPUGNED ORDER IN FAVOUR OF THE ASSESSEE BY FOLLOWING THIS JUDGMENT OF H ONBLE HIGH COURT. THE DIRECTION OF THE TRIBUNAL TO TAX THIS INCOME IN A.Y. 2002 03 IS A CONSEQUENTIAL DIRECTION ARISING OUT OF RELIEF ALLOWED IN THE PRESENT YEAR ON THIS BASIS THAT CAPITAL GAIN IS NOT TAXABLE IN THE PRESENT YEAR BECAUSE THE TRANSFER OF THE ASSET DID NOT TAKE PLACE IN THE PRESENT YEAR BECAUSE AS PER HONBLE HIGH COURT, THE TRANSFER TOOK PLACE IN F. Y. 2001 02 RELEVANT TO A. Y. 2002 03. HENCE, THIS DIRECTION IS IN LINE WITH THIS SETTLED POSITION OF LAW THAT CORRECT INCOME SHOULD BE TAX ED IN CORRECT HANDS IN CORRECT YEAR. IT CANNOT BE SAID THAT THE INCOME SHOULD NOT BE TAXED IN ANY YEAR ON THIS BASIS THAT THE A.O. DID NOT TAX IN A.Y. 2002 03 PARTICULARLY IN VIEW OF THIS FACT THAT THE ASSESSEE HAS NEVER COME OUT AND STATED ABOUT THE YEA R IN WHICH [ 3 ] THE TRANSFER TOOK PLACE. IN FACT, EVEN THE JUDGMENT OF HONBLE HIGH COURT IS ON THE BASIS OF CIRCUMSTANTIAL EVIDENCE BECAUSE THE ASSESSEE HAS NOT BROUGHT ON RECORD ANY DIRECT EVIDENCE ABOUT THE YEAR OF TRANSFER EVEN BEFORE HONBLE HIGH COURT. IN OUR CONSIDERED OPINION, UNDER THESE FACTS, THE CONSEQUENTIAL DIRECTION GIVEN BY THE TRIBUNAL IS NOT SUFFERING FROM ANY APPARENT MISTAKE. 4. IN PARA 16.1 OF THE MISC. APPLICATION, IT HAS BEEN CONTENDED THAT THIS DIRECTION OF THE TRIBUNAL TO THE ASSESSING OFFICER TO TAX THE CAPITAL GAIN IN ASSESSMENT YEAR 200 2 - 0 3 IS ILLEGAL FOR THE REASON THAT THE SAME IS BARRED BY LIMITATION. 5. IN THIS REGARD, WE WOULD LIKE TO OBSERVE THAT I T IS STATED BY THE TRIBUNAL IN P ARA 1 4 .1 OF THE IMPUGNED TRIBUNAL ORDER THAT THE ASSESSING OFFICER IS DIRECTED TO COMPUTE THE CAPITAL GAIN IN ASSESSMENT YEAR 2002 - 03 IN ACCORDANCE WITH LAW AND TAX THE SAME. HENCE, EVEN IF THERE IS SOME ILLEGALITY IN THE DIRECTION OF THE TRIBUNAL, IT CANNOT CONSTITUTE AN APPARENT MISTAKE IN THE IMPUGN ED TRIBUNAL ORDER PARTICULARLY IN VIE W OF EXPRESS PROVISIONS OF SECTION 153 OF THE I T ACT SPECIFYING TIME LIMIT FOR COMPLETION OF ASSESSMENTS AND REASSESSMENTS, REPRODUCED BELOW: - TIME - LIMIT FOR COMPLETION OF ASSESSMENTS AND REASSESSMENTS. (1) NO ORDER OF ASSESSMENT SHALL BE MADE UNDER SECTION 143 OR SECTION 144 AT ANY TIME AFTER THE EXPIRY OF (A) TWO YEARS FROM THE END OF THE ASSESSMENT YEAR IN WHICH THE INCOME WAS FIRST ASSESSABLE; OR (B) ONE YEAR FROM THE END OF THE FINANCIAL YEAR IN WHICH A RETURN OR A REVISED RETURN RELATING TO THE ASSESSMENT YEAR COMMENCING ON THE 1ST DAY OF APRIL, 1988, OR ANY EARLIER ASSESSMENT YEAR, IS FILED UNDER SUB - SECTION (4) OR SUB - SECTION (5) OF SECTION 139, [ 4 ] WHICHEVER IS LATER : PROVIDED THAT IN CASE THE ASSESSMENT YEAR I N WHICH THE INCOME WAS FIRST ASSESSABLE IS THE ASSESSMENT YEAR COMMENCING ON THE 1ST DAY OF APRIL, 2004 OR ANY SUBSEQUENT ASSESSMENT YEAR], THE PROVISIONS OF CLAUSE (A) SHALL HAVE EFFECT AS IF FOR THE WORDS 'TWO YEARS', THE WORDS 'TWENTY - ONE MONTHS' HAD BE EN SUBSTITUTED : PROVIDED FURTHER THAT IN CASE THE ASSESSMENT YEAR IN WHICH THE INCOME WAS FIRST ASSESSABLE IS THE ASSESSMENT YEAR COMMENCING ON THE 1ST DAY OF APRIL, 2005 OR ANY SUBSEQUENT ASSESSMENT YEAR] AND DURING THE COURSE OF THE PROCEEDING FOR THE ASSESSMENT OF TOTA L INCOME, A REFERENCE UNDER SUB - SECTION (1) OF SECTION 92CA (I) WAS MADE BEFORE THE 1ST DAY OF JUNE, 2007 BUT AN ORDER UNDER SUB - SECTION (3) OF THAT SECTION HAS NOT BEEN MADE BEFORE SUCH DATE; OR (II) IS MADE ON OR AFTER THE 1ST DAY OF JUNE, 2007, THE PR OVISIONS OF CLAUSE (A) SHALL, NOTWITHSTANDING ANYTHING CONTAINED IN THE FIRST PROVISO, HAVE EFFECT AS IF FOR THE WORDS 'TWO YEARS', THE WORDS 'THIRTY - THREE MONTHS' HAD BEEN SUBSTITUTED. PROVIDED ALSO THAT IN CASE THE ASSESSMENT YEAR IN WHICH THE INCOME WAS FIRST ASSESSABLE IS THE ASSESSMENT YEAR COMMENCING ON THE 1ST DAY OF APRIL, 2009 OR ANY SUBSEQUENT ASSESSMENT YEAR AND DURING THE COURSE OF THE PROCEEDING FOR THE ASSESSMENT OF TOTAL INCOME, A REFERENCE UNDER SUB - SECTION (1) OF SECTION 92CA IS MADE, THE P ROVISIONS OF CLAUSE (A) SHALL, NOTWITHSTANDING ANYTHING CONTAINED IN THE FIRST PROVISO, HAVE EFFECT AS IF FOR THE WORDS 'TWO YEARS', THE WORDS 'THREE YEARS' HAD BEEN SUBSTITUTED. (1A) NO ORDER OF ASSESSMENT SHALL BE MADE UNDER SECTION 115WE OR SECTION 115WF AT ANY TIME AFTER THE EXPIRY OF TWENTY - ONE MONTHS] FROM THE END OF THE ASSESSMENT YEAR IN WHICH THE FRINGE BENEFITS WERE FIRST ASSESSABLE. (1B) NO ORDER OF ASSESSMENT OR REASSE SSMENT SHALL BE MADE UNDER SECTION 115WG AFTER THE EXPIRY OF NINE MONTHS] FROM THE END OF THE FINANCIAL YEAR IN WHICH THE NOTICE UNDER SECTION 115WH WAS SERVED. [ 5 ] (2) NO ORDER OF ASSESSMENT, REASSESSMENT OR RECOMPUTATION SHALL BE MADE UNDER SECTION 147 AFTER THE EXPIRY OF ONE YEAR] FROM THE END OF THE FINANCIAL YEAR IN WHICH THE NOTICE UNDER SECTION 148 WAS SERVED: PROVIDED THAT WHERE THE NOTICE UNDER SECTION 148 WAS SERVED ON OR AFTER THE 1ST DAY OF APRIL, 1999, BUT BEFORE THE 1ST DAY OF APRIL, 2000, SUCH ASSESSMENT, REASSESSMENT OR RECOMPUTATION MAY BE MADE AT ANY TIME UP TO THE 31ST DAY OF MARCH, 2002: PROVIDED FURTHER THAT WHERE THE NOTICE UNDER SECTION 148 WAS SERVED ON OR AFTER THE 1ST DAY OF APRIL, 2005,BUT BEFORE THE 1ST DAY OF APRIL, 2011] THE PRO VISIONS OF THIS SUB - SECTION SHALL HAVE EFFECT AS IF FOR THE WORDS 'ONE YEAR', THE WORDS 'NINE MONTHS' HAD BEEN SUBSTITUTED :] PROVIDED ALSO THAT WHERE THE NOTICE UNDER SECTION 148 WAS SERVED ON OR AFTER THE 1ST DAY OF APRIL, 2006 BUT BEFORE THE 1ST DAY O F APRIL, 2010] AND DURING THE COURSE OF THE PROCEEDINGS FOR THE ASSESSMENT OR REASSESSMENT OR RECOMPUTATION OF TOTAL INCOME, A REFERENCE UNDER SUB - SECTION (1) OF SECTION 92CA (I) WAS MADE BEFORE THE 1ST DAY OF JUNE, 2007 BUT AN ORDER UNDER SUB - SECTION (3 ) OF THAT SECTION HAS NOT BEEN MADE BEFORE SUCH DATE; OR (II) IS MADE ON OR AFTER THE 1ST DAY OF JUNE, 2007, THE PROVISIONS OF THIS SUB - SECTION SHALL, NOTWITHSTANDING ANYTHING CONTAINED IN THE SECOND PROVISO, HAVE EFFECT AS IF FOR THE WORDS 'ONE YEAR', TH E WORDS 'TWENTY - ONE MONTHS' HAD BEEN SUBSTITUTED. PROVIDED ALSO THAT WHERE THE NOTICE UNDER SECTION 148 WAS SERVED ON OR AFTER THE 1ST DAY OF APRIL, 2010 AND DURING THE COURSE OF THE PROCEEDING FOR THE ASSESSMENT OR REASSESSMENT OR RECOMPUTATION OF TOTAL I NCOME, A REFERENCE UNDER SUB - SECTION (1) OF SECTION 92CA IS MADE, THE PROVISIONS OF THIS SUB - SECTION SHALL, NOTWITHSTANDING ANYTHING CONTAINED IN THE SECOND PROVISO, HAVE EFFECT AS IF FOR THE WORDS 'ONE YEAR', THE WORDS 'TWO YEARS' HAD BEEN SUBSTITUTED. (2A) NOTWITHSTANDING ANYTHING CONTAINED [IN SUB - SECTIONS (1), (1A), (1B) AND (2)], IN RELATION TO THE ASSESSMENT YEAR COMMENCING ON THE 1ST DAY OF APRIL, 1971, AND ANY [ 6 ] SUBSEQUENT ASSESSMENT YEAR, 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 PRINCIPAL CHIEF COMMISSIONER OR CHIEF COMMISSIONER] OR PRINCIPAL COMMISSIONER OR COMMISSIONER] OR, AS THE CASE MAY BE, THE ORDER UNDER SECTION 263 OR SECTION 264 IS PASSED BY THE PRINCIPAL CHIEF COMMISSIONER OR CHIEF COMMISSIONER] OR PRINCIPAL COMMI SSIONER OR COMMISSIONER: PROVIDED THAT WHERE THE ORDER UNDER SECTION 250 OR SECTION 254 IS RECEIVED BY THE PRINCIPAL CHIEF COMMISSIONER OR CHIEF COMMISSIONER] OR PRINCIPAL COMMISSIONER OR COMMISSIONER] OR, AS THE CASE MAY BE, THE ORDER UNDER SECTION 263 O R SECTION 264 IS PASSED BY THE PRINCIPAL CHIEF COMMISSIONER OR CHIEF COMMISSIONER] OR PRINCIPAL COMMISSIONER OR COMMISSIONER], ON OR AFTER THE 1ST DAY OF APRIL, 1999, BUT BEFORE THE 1ST DAY OF APRIL, 2000, SUCH AN ORDER OF FRESH ASSESSMENT MAY BE MADE AT A NY TIME UP TO THE 31ST DAY OF MARCH, 2002: PROVIDED FURTHER THAT WHERE THE ORDER UNDER SECTION 254 IS RECEIVED BY THE PRINCIPAL CHIEF COMMISSIONER OR CHIEF COMMISSIONER] OR PRINCIPAL COMMISSIONER OR COMMISSIONER] OR, AS THE CASE MAY BE, THE ORDER UNDER SEC TION 263 OR SECTION 264 IS PASSED BY THE PRINCIPAL COMMISSIONER OR COMMISSIONER] ON OR AFTER THE 1ST DAY OF APRIL, 2005 BUT BEFORE THE 1ST DAY OF APRIL, 2011], THE PROVISIONS OF THIS SUB - SECTION SHALL HAVE EFFECT AS IF FOR THE WORDS 'ONE YEAR', THE WORDS ' NINE MONTHS' HAD BEEN SUBSTITUTED : PROVIDED ALSO THAT WHERE THE ORDER UNDER SECTION 254 IS RECEIVED BY THE PRINCIPAL CHIEF COMMISSIONER OR CHIEF COMMISSIONER OR PRINCIPAL COMMISSIONER OR COMMISSIONER OR, AS THE CASE MAY BE, THE ORDER UNDER SECTION 263 O R SECTION 264 IS PASSED BY THE PRINCIPAL COMMISSIONER OR COMMISSIONER ON OR AFTER THE 1ST DAY OF APRIL, 2006 BUT BEFORE THE 1ST DAY OF APRIL, 2010, AND DURING THE COURSE OF THE PROCEEDINGS FOR THE FRESH ASSESSMENT OF TOTAL INCOME, A REFERENCE UNDER SUB - SEC TION (1) OF SECTION 92CA [ 7 ] (I) WAS MADE BEFORE THE 1ST DAY OF JUNE, 2007 BUT AN ORDER UNDER SUB - SECTION (3) OF SECTION 92CA HAS NOT BEEN MADE BEFORE SUCH DATE; OR (II) IS MADE ON OR AFTER THE 1ST DAY OF JUNE, 2007, THE PROVISIONS OF THIS SUB - SECTION SHALL, NOTWITHSTANDING ANYTHING CONTAINED IN THE SECOND PROVISO, HAVE EFFECT AS IF FOR THE WORDS 'ONE YEAR', THE WORDS 'TWENTY - ONE MONTHS' HAD BEEN SUBSTITUTED. PROVIDED ALSO THAT WHERE THE ORDER UNDER SECTION 254 IS RECEIVED BY THE PRINCIPAL CHIEF COMMISSIONER OR CHIEF COMMISSIONER] OR PRINCIPAL COMMISSIONER OR COMMISSIONER] OR, AS THE CASE MAY BE, THE ORDER UNDER SECTION 263 OR SECTION 264 IS PASSED BY THE PRINCIPAL COMMISSIONER OR COMMISSIONER ON OR AFTER THE 1ST DAY OF APRIL, 2010, AND DURING THE COURSE OF TH E PROCEEDING FOR THE FRESH ASSESSMENT OF TOTAL INCOME, A REFERENCE UNDER SUB - SECTION (1) OF SECTION 92CA IS MADE, THE PROVISIONS OF THIS SUB - SECTION SHALL, NOTWITHSTANDING ANYTHING CONTAINED IN THE SECOND PROVISO, HAVE EFFECT AS IF FOR THE WORDS 'ONE YEAR' , THE WORDS 'T WO YEARS' HAD BEEN SUBSTITUTED. (3) THE PROVISIONS OF SUB - SECTIONS (1), (1A), (1B) AND (2) SHALL NOT APPLY TO THE FOLLOWING CLASSES OF ASSESSMENTS, REASSESSMENTS AND RECOMPUTATIONS WHICH MAY, SUBJECT TO THE PROVISIONS OF SUB - SECTION (2A) BE COMPLETED AT ANY TIME (II) WHERE THE ASSESSMENT, REASSESSMENT OR RECOMPUTATION IS MADE ON THE ASSESSEE OR ANY PERSON IN CONSEQUENCE OF OR TO GIVE EFFECT TO ANY FINDING OR DIRECTION CONTAINED IN AN ORDER, UNDER SECTIONS 250, 254, 260, 262, 263 OR 264 OR IN AN ORDER OF ANY COURT IN A PROCEEDING OTHERWISE THAN BY WAY OF APPEAL OR REFERENCE UNDER THIS ACT; (III) WHERE, IN THE CASE OF A FIRM, AN ASSESSMENT IS MADE ON A PARTNER OF THE FIRM IN CONSEQUENCE OF AN ASSESSMENT MADE ON THE FIRM UNDER SECTION 147. (4) N OTWITHSTANDING ANYTHING CONTAINED IN THE FOREGOING PROVISIONS OF THIS SECTION, SUB - SECTION (2) OF SECTION 153A AND SUB - SECTION (1) OF SECTION 153B, THE ORDER OF ASSESSMENT OR REASSESSMENT, RELATING TO ANY ASSESSMENT YEAR, WHICH STANDS REVIVED UNDER SUB - SEC TION (2) OF SECTION 153A, SHALL BE MADE WITHIN ONE YEAR FROM THE END OF THE MONTH OF SUCH REVIVAL OR WITHIN THE PERIOD SPECIFIED IN THIS [ 8 ] SECTION OR SUB - SECTION (1) OF SECTION 153B, WHICHEVER IS LATER. EXPLANATION 1 : IN COMPUTING THE PERIOD OF LIMITATION FOR THE PURPOSES OF THIS SECTION (I) THE TIME TAKEN IN REOPENING THE WHOLE OR ANY PART OF THE PROCEEDING OR IN GIVING AN OPPORTUNITY TO THE ASSESSEE TO BE REHEARD UNDER THE PROVISO TO SECTION 129, OR (II) THE PERIOD DURING WHICH THE ASSESSMENT PROCEEDIN G IS STAYED BY AN ORDER OR INJUNCTION OF ANY COURT, OR (IIA) THE PERIOD COMMENCING FROM THE DATE ON WHICH THE ASSESSING OFFICER INTIMATES THE CENTRAL GOVERNMENT OR THE PRESCRIBED AUTHORITY, THE CONTRAVENTION OF THE PROVISIONS OF CLAUSE (21) OR CLAUSE (22B) OR CLAUSE (23A) OR CLAUSE (23B) OR SUB - CLAUSE (IV) OR SUB - CLAUSE (V) OR SUB - CLAUSE (VI) OR SUB - CLAUSE (VIA) OF CLAUSE (23C) OF SECTION 10, UNDER CLAUSE (I) OF THE PROVISO TO SUB - SECTION (3) OF SECTION 143 AND ENDING WITH THE DATE ON WHICH THE COPY OF THE ORDER WITHDRAWING THE APPROVAL OR RESCINDING THE NOTIFICATION, AS THE CASE MAY BE, UNDER THOSE CLAUSES IS RECEIVED BY THE ASSESSING OFFICER; (III) THE PERIOD COMMENCING FROM THE DATE ON WHICH THE ASSESSING OFFICER DIRECTS THE ASSESSEE TO GET HIS ACCOUNTS AUDITED UNDER SUB - SECTION (2A) OF SECTION 142 AND (A) ENDING WITH THE LAST DATE ON WHICH THE ASSESSEE IS REQUIRED TO FURNISH A REPORT OF SUC H AUDIT UNDER THAT SUB - SECTION; OR (B) WHERE SUCH DIRECTION IS CHALLENGED BEFORE A COURT, ENDING WITH THE DATE ON WHICH THE ORDER SETTING ASIDE SUCH DIRECTION IS RECEIVED BY THE PRINCIPAL COMMISSIONER OR COMMISSIONER], OR' (IV) THE PERIOD COMMENCING FROM T HE DATE ON WHICH THE ASSESSING OFFICER MAKES A REFERENCE TO THE VALUATION OFFICER UNDER SUB - SECTION (1) OF SECTION 142A AND ENDING WITH THE DATE ON WHICH THE REPORT OF THE VALUATION OFFICER IS RECEIVED BY THE ASSESSING OFFICER, OR] (IVA) THE PERIOD (NOT EXCEEDING SIXTY DAYS) COMMENCING FROM THE DATE ON WHICH THE ASSESSING OFFICER RECEIVED THE DECLARATION UNDER SUB - SECTION (1) OF SECTION 158A AND [ 9 ] ENDING WITH THE DATE ON WHICH THE ORDER UNDER SUB - SECTION (3) OF THAT SECTION IS MADE BY HIM, OR (V) IN A CASE WHERE AN APPLICATION MADE BEFORE THE INCOME - TAX SETTLEMENT COMMISSION UNDER SECTION 245C IS REJECTED BY IT OR IS NOT ALLOWED TO BE PROCEEDED WITH BY IT, THE PERIOD COMMENCING FROM THE DATE ON WHICH SUCH APPLICATION IS MADE AND ENDING WITH THE DATE ON WHIC H THE ORDER UNDER SUB - SECTION (1) OF SECTION 245D IS RECEIVED BY THE PRINCIPAL COMMISSIONER OR COMMISSIONER] UNDER SUB - SECTION (2) OF THAT SECTION, OR (VI) THE PERIOD COMMENCING FROM THE DATE ON WHICH AN APPLICATION IS MADE BEFORE THE AUTHORITY FOR ADVANCE RULINGS UNDER SUB - SECTION (1) OF SECTION 245Q AND ENDING WITH THE DATE ON WHICH THE ORDER REJECTING THE APPLICATION IS RECEIVED BY THE PRINCIPAL COMMISSIONER OR COMMISSIONER UNDER SUB - SECTION (3) OF SECTION 245R, OR (VII) THE PERIOD COMMENCING FROM THE D ATE ON WHICH AN APPLICATION IS MADE BEFORE THE AUTHORITY FOR ADVANCE RULINGS UNDER SUB - SECTION (1) OF SECTION 245Q AND ENDING WITH THE DATE ON WHICH THE ADVANCE RULING PRONOUNCED BY IT IS RECEIVED BY THE PRINCIPAL COMMISSIONER OR COMMISSIONER UNDER SUB - SEC TION (7) OF SECTION 245R, OR (VIII) THE PERIOD COMMENCING FROM THE DATE ON WHICH A REFERENCE OR FIRST OF THE REFERENCES FOR EXCHANGE OF INFORMATION IS MADE BY AN AUTHORITY COMPETENT UNDER AN AGREEMENT REFERRED TO IN SECTION 90 OR SECTION 90A AND ENDING WIT H THE DATE ON WHICH THE INFORMATION REQUESTED IS LAST RECEIVED BY THE PRINCIPAL COMMISSIONER OR COMMISSIONER] OR A PERIOD OF ONE YEAR, WHICHEVER IS LESS, OR; (IX) THE PERIOD COMMENCING FROM THE DATE ON WHICH A REFERENCE FOR DECLARATION OF AN ARRANGEMENT T O BE AN IMPERMISSIBLE AVOIDANCE ARRANGEMENT IS RECEIVED BY THE PRINCIPAL COMMISSIONER OR COMMISSIONER] UNDER SUB - SECTION (1) OF SECTION 144BA AND ENDING ON THE DATE ON WHICH A DIRECTION UNDER SUB - SECTION (3) OR SUB - SECTION (6) OR AN ORDER UNDER SUB - SECTION (5) OF THE SAID SECTION IS REC EIVED BY THE ASSESSING OFFICER. PROVIDED THAT WHERE IMMEDIATELY AFTER THE EXCLUSION OF THE AFORESAID TIME OR PERIOD, THE PERIOD OF LIMITATION REFERRED TO IN SUB - SECTIONS (1), (1A), (1B), (2), (2A) AND (4) AVAILABLE TO THE ASSESSING OFFICER FOR MAKING AN ORDER OF ASSESSMENT, REASSESSMENT OR RECOMPUTATION, AS THE CASE [ 10 ] MAY BE, IS LESS THAN SIXTY DAYS, SUCH REMAINING PERIOD SHALL BE EXTENDED TO SIXTY DAYS AND THE AFORESAID PERIOD OF LIMITATION SHALL BE DEEMED TO BE EXTENDED ACCORDINGLY: PROVIDED FURTHER THAT WHERE A PROCEEDING BEFORE THE SET TLEMENT COMMISSION ABATES UNDER SECTION 245HA, THE PERIOD OF LIMITATION AVAILABLE UNDER THIS SECTION TO THE ASSESSING OFFICER FOR MAKING AN ORDER OF ASSESSMENT, REASSESSMENT OR RE - COMPUTATION, AS THE CASE MAY BE, SHALL, AFTER THE EXCLUSION OF THE PERIOD UN DER SUB - SECTION (4) OF SECTION 245HA, BE NOT LESS THAN ONE YEAR; AND WHERE SUCH PERIOD OF LIMITATION IS LESS THAN ONE YEAR, IT SHALL BE DEEMED TO HAVE BEEN EXTENDED TO ONE YEAR; AND FOR THE PURPOSES OF DETERMINING THE PERIOD OF LIMITATION UNDER SECTIONS 14 9, 153B, 154, 155, 158BE AND 231 AND FOR THE PURPOSES OF PAYMENT OF INTEREST UNDER SECTION 243 OR SECTION 244 OR, AS THE CASE MAY BE, SECTION 244A, THIS PROVISO SHALL ALSO APPLY ACCORDINGLY. EXPLANATION 2 : WHERE, BY AN ORDER REFERRED TO IN CLAUSE (II) OF SUB - SECTION (3), ANY INCOME IS EXCLUDED FROM THE TOTAL INCOME OF THE ASSESSEE FOR AN ASSESSMENT YEAR, THEN, AN ASSESSMENT OF SUCH INCOME FOR ANOTHER ASSESSMENT YEAR SHALL, FOR THE PURPOSES OF SECTION 150 AND THIS SECTION, BE DEEMED TO BE ONE MADE IN CONSE QUENCE OF OR TO GIVE EFFECT TO ANY FINDING OR DIRECTION CONTAINED IN THE SAID ORDER. EXPLANATION 3 : WHERE, BY AN ORDER REFERRED TO IN CLAUSE (II) OF SUB - SECTION (3), ANY INCOME IS EXCLUDED FROM THE TOTAL INCOME OF ONE PERSON AND HELD TO BE THE INCOME OF A NOTHER PERSON, THEN, AN ASSESSMENT OF SUCH INCOME ON SUCH OTHER PERSON SHALL, FOR THE PURPOSES OF SECTION 150 AND THIS SECTION, BE DEEMED TO BE ONE MADE IN CONSEQUENCE OF OR TO GIVE EFFECT TO ANY FINDING OR DIRECTION CONTAINED IN THE SAID ORDER, PROVIDED S UCH OTHER PERSON WAS GIVEN AN OPPORTUNITY OF BEING HEARD BEFORE THE SAID ORDER WAS PASSED. 6. IT IS SEEN THAT IT IS SPECIFIED IN SUB SECTION (3) OF SECTION 153 THAT SUB SECTIONS (1), (1A), (1B) AND (2) SHALL NOT APPLY WHERE THE ASSESSMENT, REASSESSMENT OR RECOMPUTATION IS MADE AS PER CLAUSE (II) OF SUB SECTION (3) OF SECTION 153 ON THE ASSESSEE OR ANY PERSON IN CONSEQUENCE OF OR TO GIVE EFFECT TO ANY FINDING OR DIRECTION CONTAINED IN AN ORDER, UNDER SECTIONS 250, 254, 2 60, 262, 263 OR 264 OR IN AN ORDER OF ANY COURT IN A PROCEEDING [ 11 ] OTHERWISE THAN BY WAY OF APPEAL OR REFERENCE UNDER THIS ACT . THE PROVISIONS OF SECTION 150 ARE APPLICABLE IN RESPECT OF REOPENING U/S 148 AND NOT FOR REASSESSMENT U/S 153 AS PER TRIBUNAL DIREC TION. THIS IS IMPORTANT TO NOTE THAT CLAUSE (II) OF SUB SECTION (3) OF SECTION 153 CAN BE INVOKED EVEN WHERE THE REASSESSMENT IS CALLED FOR AS PER AN ORDER OF ANY COURT IN A PROCEEDING OTHERWISE THAN BY WAY OF APPEAL OR REFERENCE UNDER THIS ACT . HENCE, IN OUR CONSIDERED OPINION, THE LIMITATION U/S 150 (2) IS NOT APPLICABLE IN RESPECT OF APPEAL EFFECT ORDER TO BE PASSED U/S 153. HENCE, THIS OBJECTION ALSO HAS NO MERIT. 7 . AS PER ABOVE DISCUSSION, WE HAVE SEEN THAT THERE IS NO MERIT IN ANY OF THE CONTENTIONS RAISED BY THE ASSESSEE IN THE MISC. APPLICATION. THEREFORE, WE HOLD THAT THERE IS NO MERIT IN THE MISC. APPLICATION OF THE ASSESSEE. 8 . IN THE RESULT, THE MISC. APPLICATION OF THE ASSESSEE STANDS DISMISSED. (ORDER WAS PRONOUNCED IN THE OPEN COURT ON TH E DATE MENTIONED ON THE CAPTION PAGE) SD/. SD/. (SUNIL KUMAR YADAV) ( A. K. GARODIA ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 1 0 /09/2015 *C.L.SINGH COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. CONCERNED CIT 4. THE CIT(A) 5. DR, ITAT, LUCKNOW ASSTT. REGISTRAR