2002 (4) TMI 232

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....assessment order dated 31-3-2000 passed under section 143(3) read with section 148 for the assessment year 1987-88, and when the matter reached the level of the Tribunal, the Tribunal vide its order dated 28-2-2002 in ITA No. 150/Hyd./2001 remanded the matter to the CIT(A) to consider the plea of the assessee that the said assessment was time-barred. It is also mentioned that on an earlier occasion, the Commissioner had initiated proceedings under section 263 on one of the issues covered by the impugned order under section 263, i.e., withdrawal of depreciation of Rs. 6,08,737, but those proceedings were dropped after being satisfied with the stand of the assessee that the depreciation was allowable as claimed. It is pleaded that the impugne....

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....n [1977] 110 ITR 79 relied on by the ld. counsel for assessee before us, Hon'ble A.P. High Court observed as under- "....However, it is obvious that the provision contained in sub-section (2A) shall have to be an additional factor which the Tribunal has to take into consideration while passing an order of stay or other interlocutory order pending the appeal before it. In other words, while granting the stay or any other interlocutory order, the Tribunal shall have to keep in mind the period of limitation prescribed in section 153(2A) of the Act and pass orders in the light of the same. It is always open to the department to bring to the notice of the Tribunal the particular difficulties, if any, it would face in case a stay is granted, and....