2000 (2) TMI 39

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....er section 153(2A) of the Income-tax Act, 1961, is applicable to the facts of this case. On March 12, 1984, the Assessing Officer assessed the total income of the petitioners for the assessment year 1981-82 at Rs. 1,84,280 after disallowance of bad debts of Rs. 78,166. The appellate authority dismissed the appeal of-the assessee. However, by order dated January 10, 1989, the Tribunal allowed th....

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....96, the assessee filed a revision petition under section 264 of the Income-tax Act, 1961, inter alia, contending that the fresh order passed by the Assessing Officer on July 2, 1996, constituted fresh assessment as contemplated by section 153(2A) and since the said order was passed after the expiry of two years from the end of the financial year in which the Tribunal passed the order under section....

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.... passed under section 254. On the basis of section 153(2A), it has been urged on behalf of the assessee that in the present matter, the Tribunal had set aside the assessment vide order dated January 10, 1989. This was under section 254. Therefore, it was submitted that the fresh assessment order ought to have been passed on or before March 31, 1991. It was contended that if one reads the order of ....

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.... directed the Assessing Officer to pass a fresh order of assessment as contemplated by section 153(2A). On the facts, section 153(3) clearly stood attracted. Section 153(3), inter alia, lays down that the provisions of sub-sections (1) and (2) of section 153 shall not apply to assessments, reassessments and recomputations made on the assessee in order to give effect to any direction contained in a....