TaxTMI 
TaxTMI 
2006 (2) TMI 65
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....which have given rise to the aforesaid cases, in short, are that the assessee had been submitting his returns of income throughout all the aforesaid years, in which he had disclosed certain income as "agricultural income". These returns were accepted. However, the assessing officer while dealing assessment year 1997-98, recorded a finding that income of Rs. 1.80 lacs which has been declared as agricultural income, was not agricultural income and, therefore, treated it as income from other sources. In appeal, the Commissioner of Income Tax, upheld the finding of the assessing officer vide his order dated 14.1.01 but did not make any comment on the agricultural income declared and accepted by the assessing officer for the assessment yea....
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....isions of Section 153 and after considering as to whether in the appellate order passed by the Commissioner of Income Tax for the assessment year 1997-98, any direction was given by him in respect of the assessment years in dispute, held that in the absence of any such direction, it could not be said that reassessment orders were passed for giving effect to the appellate order. 9. There is a mention in the order that the defence representative before the Commissioner fairly admitted that in the appellate order, the learned Commissioner of Income Tax (Appeals) has not given any direction in respect of assessment years in dispute and, therefore, it could not be said that the reassessment order was passed for giving effect to the appellate ....
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....ction 148 was served on or after the 1^st day of April, 1999 but before the 1^st day of April, 2000, such assessment, reassessment or recomputation may be made at any time up to the 31^st day of March, 2002. (2A) Notwithstanding anything contained in sub-sections (1) and (2), in relation to the assessment year commencing on 1^st day of April, 1971, and any 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 250or section 254 is received by the Chief Commissioner or Commissioner....
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.... period of limitation in the circumstances more precisely indicated in Paras (ii) and (iii) thereof. The present case is not covered under Section 153(1) or 153(2). 12. Sub-section 2-A again prescribes the period of limitation in respect of the orders passed under Section 250, 254, 263 or 264, as the case may be. 13. The argument of the learned counsel for the revenue is that reassessment has been made after issuing notice under Section 148 with a view to give effect to the finding of the Commissioner of Income Tax (Appeals) contained in his order of assessment for the year 1997-98 and, therefore, the case was governed by Section 153(3). This argument has to be seen in the light of the findings recorded by the Commissioner of Income T....