1988 (1) TMI 13

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....x Act, when earlier he had passed assessment orders on April 6, 1976, after passing of the appellate orders by the Appellate Assistant Commissioner on February 1, 1976 ? The proceedings relate to the assessment years 1971-72 and 1972-73. The assessee had claimed certain deductions in respect of loss pertaining to its Satna Branch styled as M/s. Shrenik Oil Mills. The amount of loss claimed by the assessee was disallowed by the Income-tax Officer. On appeal, however, the Appellate Assistant Commissioner set aside the order of the Income-tax Officer on this point and directed him to record a fresh finding with regard to the amount of loss claimed by the assessee. It appears that the order of remand was somehow misconstrued by the Income-tax ....

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....e assessee that once the Income-tax Officer had passed a fresh order in pursuance of the order of remand, he became functus officio and he could have revised his order only after recourse to procedure contemplated by sections 147 and 148 of the Act and since, in the instant case, the aforesaid procedure was not, followed, the subsequent order was invalid. In reply, it was urged by learned counsel for the Department that the subsequent order was passed by the Income-tax Officer not in a proceeding under sections 147 and 148 of the Act but under section 154 thereof. According to him, as has been found by the Tribunal, the Income-tax Officer had, in passing the subsequent order, only complied with the order of remand passed by the Appellate As....