https://www.taxtmi.com/caselaws?id=26634 The second proviso to section 34(3) of the Indian Income-tax Act, 1922 does not save a reassessment where the appellate order merely sets aside the original assessment and directs a fresh assessment according to law. An order of remand that records no finding on limitation and does not authorise assessment beyond the statutory period leaves the limitation issue open. On that basis, a reassessment completed after expiry of the four-year period under section 34(3) remains time-barred. The operative effect is that a general direction for fresh assessment, without a specific mandate extending time, is insufficient to invoke the saving proviso. en-us Tue, 07 Jan 1986 00:00:00 +0530 Sat, 06 Feb 2010 14:20:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=26634 The second proviso to section 34(3) of the Indian Income-tax Act, 1922 does not save a reassessment where the appellate order merely sets aside the original assessment and directs a fresh assessment according to law. An order of remand that records no finding on limitation and does not authorise assessment beyond the statutory period leaves the limitation issue open. On that basis, a reassessment completed after expiry of the four-year period under section 34(3) remains time-barred. The operative effect is that a general direction for fresh assessment, without a specific mandate extending time, is insufficient to invoke the saving proviso. Case-Laws Income Tax Tue, 07 Jan 1986 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=26634