https://www.taxtmi.com/caselaws?id=38604 An assessment made under the Income-tax Act, 1961 for an assessment year governed by the 1922 Act was treated as a technical irregularity, not a nullity, because the assessing officer had jurisdiction under the correct statutory regime. The appellate authority could therefore set aside the assessment and direct a fresh assessment, and limitation did not bar that assessment when made in consequence of the appellate direction. Provisional assessment under section 23B was described as a separate machinery for speedy tax collection and did not merge with the regular assessment. Accordingly, setting aside the regular assessment did not extinguish the provisional tax liability, and a mistaken refund of that tax could be rectified as an apparent error. en-us Thu, 18 Nov 1976 00:00:00 +0530 Wed, 07 Apr 2010 15:12:05 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=38604 An assessment made under the Income-tax Act, 1961 for an assessment year governed by the 1922 Act was treated as a technical irregularity, not a nullity, because the assessing officer had jurisdiction under the correct statutory regime. The appellate authority could therefore set aside the assessment and direct a fresh assessment, and limitation did not bar that assessment when made in consequence of the appellate direction. Provisional assessment under section 23B was described as a separate machinery for speedy tax collection and did not merge with the regular assessment. Accordingly, setting aside the regular assessment did not extinguish the provisional tax liability, and a mistaken refund of that tax could be rectified as an apparent error. Case-Laws Income Tax Thu, 18 Nov 1976 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=38604