TaxTMI 
TaxTMI 
2026 (9) TMI 786
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....s much as the said order was not passed within the prescribed limitation as provided under Section 153 of the Income Tax Act, 1961 ("the Act"), for the Assessment Year ("AY") 2015-16. 3. Mr. Jain, the learned Counsel appearing on behalf of the Petitioner, has contended that the consequential assessment proceedings before Respondent No. 1 pursuant to the order of the Commissioner of Income Tax (Appeals) dated 20th May 2019 were barred by limitation in view of the second proviso to Section 153(5) read with Section 153(3) read with the extension of limitation pursuant to the provisions of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 ("TOLA"). It is on this basis that the Petitioner has sought relief....
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....4.10 of the order of the CIT(Appeals)]. 7. It is submitted by the Petitioner that no action whatsoever was taken by Respondent No. 1 consequent to the above referred directions of the CIT(Appeals) until 3rd December 2025, when a notice was issued to the Petitioner asking for details for the purpose of giving effect to the order dated 29th May 2019 of the CIT(Appeals). 8. Thereafter, Respondent No. 1 passed the impugned order giving effect to the order of the CIT(Appeals) dated 29th December 2025 holding that the Assessment Order passed under Section 143(3) dated 16th June 2017 was treated as final and the total income was assessed at Rs. 36,14,199/-. Respondent No. 1 consequently raised a demand amounting to Rs. 14,83,107/- and direct....
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....has drawn our attention to the provisions of Sections 153(3) and 153(5) of the Act, the relevant portion of which is reproduced hereunder: "(3) Notwithstanding anything contained in subsections (1), (1A) and (2), an order of fresh assessment or fresh order under section 92CA, as the case may be, in pursuance of an order under section 250 or section 254 or section 263 or section 264, setting aside or cancelling an assessment, or an order under section 92CA, as the case may be, may be made at any time before the expiry of nine months from the end of the financial year in which the order under section 250 or section 254 is received by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner or, ....
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....ssioner or Chief Commissioner or Principal Commissioner or Commissioner, as the case may be: Provided that where it is not possible for the Assessing Officer or the Transfer Pricing Officer, as the case may be, to give effect to such order within the aforesaid period, for reasons beyond his control, the Principal Commissioner or Commissioner on receipt of such request in writing from the Assessing Officer or the Transfer Pricing Officer, as the case may be, if satisfied, may allow an additional period of six months to give effect to the order: Provided further that where an order under section 250 or section 254 or section 260 or section 262 or section 263 or section 264 requires verification of any issue by way of submiss....
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.... 17. Further, it is also not in dispute that the above referred order of the CIT(Appeals) was received by Respondent No. 1 on 6th June 2019. This is evident from 'Exhibit E' of the Writ Petition (page no. 55) where, on the copy of the order of the CIT(Appeals), Respondent No. 1 has affixed his official stamp of receipt which was made on the said date i.e. 6th June 2019. 18. Once these are the undisputed facts emerging from the Writ Petition, the limitation period pursuant to the second proviso to Section 153(5) read with Section 153(3) read with the extension of limitation as provided under TOLA, shall be as under: Particulars Date Order passed by the CIT(Appeals) 29.05.2019 The Respondent No. 1 received the above order o....
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.... acceptance of the return of income furnished by the assessee. In such a case the assessing authority is denuded of its authority to verify the correctness and completeness of the return, which authority it has while framing a regular assessment. It must accept the return as furnished and shall not in any event raise a demand for payment of further taxes. Accepting the income as disclosed in the return of income furnished by the assessee, it must refund to the assessee any tax paid in excess of the liability incurred by him on the basis of income disclosed. Even if the tax paid is found to be less than that payable, no further demand can be made for recovery of the balance amount since a fresh assessment is barred. In othe....