Section 153 - Time limit for completion of assessment, reassessment and recomputation. - Income-tax Act, 1961

52 [ Time limit for completion of assessment, reassessment and recomputation. 153. (1) No order of assessment shall be made under section 143 or section 144 at any time after the expiry of twenty-one months from the end of the assessment year in which the income was first assessable. 53 [ Provided that in respect of an order of assessment relating to the assessment year commencing on the 1st day of April, 2018, the provisions of this sub-section shall have effect, as if for the words twenty-one months , the words eighteen months had been substituted: 63 [ Provided further that in respect of an order of assessment relating to the assessment year commencing on- (i) the 1st day of April, 2019, the provisions of this sub-section shall have effect, as if for the words twenty-one months , the words twelve months had been substituted; (ii) the 1st day of April, 2020, the provisions of this sub-section shall have effect, as if for the words twenty-one months , the words eighteen months had been substituted: ] ] 59 [Provided also that in respect of an order of assessment relating to the assessment year commencing on 74 [ **** ] the 1st day of April, 2021, the provisions of this sub-section shall have effect, as if for the words twenty-one months , the words nine months had been substituted. ] 75 [ Provided also that in respect of an order of assessment relating to the assessment year commencing on or after the 1st day of April, 2022, the provisions of this sub-section shall have effect, as if for the words twenty-one months , the words twelve months had been substituted. ] 64 [ (1A) Notwithstanding anything contained in sub-section (1), where a return under sub-section (8A) of section 139 is furnished, an order of assessment under section 143 or section 144 may be made at any time before the expiry of 76 [ twelve months ] from the end of the financial year in which such return was furnished. ] (2) No order of assessment, reassessment or recomputation shall be made under section 147 after the expiry of nine months from the end of the financial year in which the notice under section 148 was served. 54 [ Provided that where the notice under section 148 is served on or after the 1st day of April, 2019, the provisions of this sub-section shall have effect, as if for the words nine months , the words twelve months had been substituted. ] (3) Notwithstanding anything contained in 77 [ sub-sections (1), (1A) and (2) ] , an order of fresh assessment 65 [ or fresh order under section 92CA, as the case may be, ] in pursuance of an order under section 254 or section 263 or section 264, setting aside or cancelling an assessment, 66 [ 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 254 is received by the Principal Chief Commissioner or Chief Commissioner or 78 [ Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner, as the case may be, ] or, as the case may be, the order under section 263 or section 264 is passed by the 78 [ Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner, as the case may be, ] . 79 [ (3A) Notwithstanding anything contained in sub-sections (1), (1A), (2) and (3), where an assessment or reassessment is pending on the date of initiation of search under section 132 or making of requisition under section 132A, the period available for completion of assessment or reassessment, as the case may be, under the said sub-sections shall, (a) in a case where such search is initiated under section 132 or such requisition is made under section 132A; (b) in the case of an assessee, to whom any money, bullion, jewellery or other valuable article or thing seized or requisitioned belongs to; (c) in the case of an assessee, to whom any books of account or documents seized or requisitioned pertains or pertain to, or any information contained therein, relates to, be extended by twelve months. ] 55 [ Provided that where the order under section 254 is received by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner or, as the case may be, the order under section 263 or section 264 is passed by the Principal Commissioner or Commissioner on or after the 1st day of April, 2019, the provisions of this sub-section shall have effect, as if for the words nine months , the words twelve months had been substituted. ] (4) Notwithstanding anything contained in 80 [ sub-sections (1), (1A), (2), (3) and (3A) ] , where a reference under sub-section (1) of section 92CA is made during the course of the proceeding for the assessment or reassessment, the period available for completion of assessment or reassessment, as the case may be, under the said 80 [ sub-sections (1), (1A), (2), (3) and (3A) ] shall be extended by twelve months. (5) Where effect to an order under section 250 or section 254 or section 260 or section 262 or section 263 or section 264 is to be given by the Assessing Officer, 67 [ or the Transfer Pricing Officer, as the case may be, ] wholly or partly, otherwise than by making a fresh assessment or reassessment 68 [ or fresh order under section 92CA, as the case may be, ] , such effect shall be given within a period of three months from the end of the month in which order under section 250 or section 254 or section 260 or section 262 is received by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner, as the case may be, the order under section 263 or section 264 is passed by 81 [ the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner, as the case may be, ] : Provided that where it is not possible for the Assessing Officer to give effect to such order within the aforesaid period, for reasons beyond his control, 81 [ the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner, as the case may be, ] on receipt of such request in writing from the Assessing Officer, if satisfied, may allow an additional period of six months to give effect to the order. 56 [ 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 submission of any document by the assessee or any other person or where an opportunity of being heard is to be provided to the assessee, the order giving effect to the said order under section 250 or section 254 or section 260 or section 262 or section 263 or section 264 shall be made within the time specified in sub-section (3). ] 69 [ (5A) Where the Transfer Pricing Officer gives effect to an order or direction under section 263 by an order under section 92CA and forwards such order to the Assessing Officer, the Assessing Officer shall proceed to modify the order of assessment or reassessment or recomputation, in conformity with such order of the Transfer Pricing Officer, within two months from the end of the month in which such order of the Transfer Pricing Officer is received by him. ] (6) Nothing contained in 82 [ sub-sections (1), (1A) and (2) ] shall apply to the following classes of assessments, reassessments and recomputation which may, subject to the provisions of 70 [ sub-sections (3), (5) and (5A) ] , be completed- (i) where the assessment, reassessment or recomputation is made on the assessee or any person in consequence of or to give effect to any finding or direction contained in an order under section 250, section 254, section 260, section 262, section 263, or section 264 or in an order of any court in a proceeding otherwise than by way of appeal or reference under this Act, on or before the expiry of twelve months from the end of the month in which such order is received or passed by the 83 [ Principal Chief Commissioner or Chief Commissioner or ] Principal Commissioner or Commissioner, as the case may be; or (ii) where, in the case of a firm, an assessment is made on a partner of the firm in consequence of an assessment made on the firm under section 147, on or before the expiry of twelve months from the end of the month in which the assessment order in the case of the firm is passed. (7) Where effect to any order, finding or direction referred to in sub-section (5) or sub-section (6) is to be given by the Assessing Officer, within the time specified in the said sub-sections, and such order has been received or passed, as the case may be, by the income-tax authority specified therein before the 1st day of June, 2016, the Assessing Officer shall give effect to such order, finding or direction, or assess, reassess or recompute the income of the assessee, on or before the 31st day of March, 2017. (8) Notwithstanding anything contained in the foregoing provisions of this section, sub-section (2) of section 153A or sub-section (1) of section 153B, the order of assessment or reassessment, relating to any assessment year, which stands revived under sub-section (2) of section 153A, shall be made within a period of one year from the end of the month of such revival or within the period specified in this section or sub-section (1) of section 153B, whichever is later. (9) The provisions of this section as they stood immediately before the commencement of the Finance Act, 2016, shall apply to and in relation to any order of assessment, reassessment or recomputation made before the 1st day of June, 2016. 57 [ Provided that where a notice under sub-section (1) of section 142 or sub-section (2) of section 143 or section 148 has been issued prior to the 1st day of June, 2016 and the assessment or reassessment has not been completed by such date due to exclusion of time referred to in Explanation 1, such assessment or reassessment shall be completed in accordance with the provisions of this section as it stood immediately before its substitution by the Finance Act, 2016.( 28 of 2016.) ] Explanation 1. - For the purposes of this section, in computing the period of limitation- (i) the time taken in reopening the whole or any part of the proceeding or in giving an opportunity to the assessee to be re-heard under the proviso to section 129; or (ii) the period during which the assessment proceeding is stayed by an order or injunction of any court; or (iii) the period commencing from the date on which the Assessing Officer intimates the Central Government or the prescribed authority, the contravention of the provisions of clause (21) or clause (22B) or clause (23A) or clause (23B) 71 [ , under clause (i) of the first proviso ] to sub-section (3) of section 143 and ending with the date on which the copy of the order withdrawing the approval or rescinding the notification, as the case may be, under those clauses is received by the Assessing Officer; or (iv) the period commencing from the date on which the Assessing Officer directs the assessee to get his accounts audited 84 [ or inventory valued ] under sub-section (2A) of section 142 and- (a) ending with the last date on which the assessee is required to furnish a report of such audit 85 [ or inventory valuation ] under that sub-section; or (b) where such direction is challenged before a court, ending with the date on which the order setting aside such direction is received by the Principal Commissioner or Commissioner; or (v) the period commencing from the date on which the Assessing Officer makes a reference to the Valuation Officer under sub-section (1) of section 142A and ending with the date on which the report of the Valuation Officer is received by the Assessing Officer; or (vi) the period (not exceeding sixty days) commencing from the date on which the Assessing Officer received the declaration under sub-section (1) of section 158A and ending with the date on which the order under sub-section (3) of that section is made by him; or (vii) in a case where an application made before the Income-tax Settlement Commission is rejected by it or is not allowed to be proceeded with by it, the period commencing from the date on which an application is made before the Settlement Commission under section 245C and ending with the date on which the order under sub-section (1) of section 245D is received by the Principal Commissioner or Commissioner under sub-section (2) of that section; or (viii) the period commencing from the date on which an application is made before the 60 [ Authority for Advance Rulings or before the Board for Advance Rulings ] under sub-section (1) of section 245Q and ending with the date on which the order rejecting the application is received by the Principal Commissioner or Commissioner under sub-section (3) of section 245R; or (ix) the period commencing from the date on which an application is made before the 61 [ Authority for Advance Rulings or before the Board for Advance Rulings ] under sub-section (1) of section 245Q and ending with the date on which the advance ruling pronounced by it is received by the Principal Commissioner or Commissioner under sub-section (7) of section 245R; or (x) the period commencing from the date on which a reference or first of the references for exchange of information is made by an authority competent under an agreement referred to in section 90 or section 90A and ending with the date on which the information requested is last received by the Principal Commissioner or Commissioner or a period of one year, whichever is less; or (xi) the period commencing from the date on which a reference for declaration of an arrangement to be an impermissible avoidance arrangement is received by the Principal Commissioner or Commissioner under sub-section (1) of section 144BA and ending on the date on which a direction under sub-section (3) or sub-section (6) or an order under sub-section (5) of the said section is received by the 72 [ Assessing Officer; or (xii) the period (not exceeding one hundred and eighty days) commencing from the date on which a search is initiated under section 132 or a requisition is made under section 132A and ending on the date on which the books of account or other documents, or any money, bullion, jewellery or other valuable article or thing seized under section 132 or requisitioned under section 132A, as the case may be, are handed over to the Assessing Officer having jurisdiction over the assessee,- (a) in whose case such search is initiated under section 132 or such requisition is made under section 132A; or (b) to whom any money, bullion, jewellery or other valuable article or thing seized or requisitioned belongs to; or (c) to whom any books of account or documents seized or requisitioned pertains or pertains to, or any information contained therein, relates to; or ] 73 [ (xiii) the period commencing from the date on which the Assessing Officer makes a reference to the Principal Commissioner or Commissioner under the second proviso to sub-section (3) of section 143 and ending with the date on which the copy of the order under clause (ii) or clause (iii) of the fifteenth proviso to clause (23C) of section 10 or clause (ii) or clause (iii) of sub-section (4) of section 12AB, as the case may be, is received by the Assessing Officer, ] shall be excluded: Provided that where immediately after the exclusion of the aforesaid period, the period of limitation referred to in sub-sections (1), (2) 86 [ sub-sections (1), (1A), (2) ] , (3) and sub-section (8) available to the Assessing Officer for making an order of assessment, reassessment or recomputation, as the case may be, is less than sixty days, such remaining period shall be extended to sixty days and the aforesaid period of limitation shall be deemed to be extended accordingly: Provided further that where the period available to the Transfer Pricing Officer is extended to sixty days in accordance with the proviso to sub-section (3A) of section 92CA and the period of limitation available to the Assessing Officer for making an order of assessment, reassessment or recomputation, as the case may be, is less than sixty days, such remaining period shall be extended to sixty days and the aforesaid period of limitation shall be deemed to be extended accordingly: Provided also that where a proceeding before the Settlement Commission abates under section 245HA, the period of limitation available under this section to the Assessing Officer for making an order of assessment, reassessment or recomputation, as the case may be, shall, after the exclusion of the period under sub-section (4) of section 245HA, be not less than one year; and where such period of limitation is less than one year, it shall be deemed to have been extended to one year; and for the purposes of determining the period of limitation under sections 149, 58 [***] 154, 155 and 158BE and for the purposes of payment of interest under section 244A, this proviso shall also apply accordingly. 62 [Provided also that where the assessee exercises the option to withdraw the application under sub-section (1) of section 245M, the period of limitation available under this section to the Assessing Officer for making an order of assessment, reassessment or recomputation, as the case may be, shall, after the exclusion of the period under sub-section (5) of the said section, be not less than one year; and where such period of limitation is less than one year, it shall be deemed to have been extended to one year: Provided also that for the purposes of determining the period of limitation under sections 149, 154 and 155, and for the purposes of payment of interest under section 244A, the provisions of the fourth proviso shall apply accordingly. ] Explanation 2.- For the purposes of this section, where, by an order referred to in clause (i) of sub-section (6),- (a) any income is excluded from the total income of the assessee for an assessment year, then, an assessment of such income for another assessment year shall, for the purposes of section 150 and this section, be deemed to be one made in consequence of or to give effect to any finding or direction contained in the said order; or (b) any income is excluded from the total income of one person and held to be the income of another person, then, an assessment of such income on such other person shall, for the purposes of section 150 and this section, be deemed to be one made in consequence of or to give effect to any finding or direction contained in the said order, if such other person was given an opportunity of being heard before the said order was passed.] ********* Notes :- 1. Substituted by the Finance Act, 1989, w.e.f. 1-4-1989. Earlier sub-section (1) was substi-tuted by the Direct Tax Laws (Amendment) Act, 1987, with effect from the same date. Prior to its substitution, sub-section (1) [as it stood before its substitution by the Direct Tax Laws (Amendment) Act, 1987] was substituted by the Finance Act, 1968, w.e.f. 1-4-1968 and later on amended by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984. 2. Inserted by the Finance Act, 2006, w.e.f. 1-6-2006. 3. Inserted by the Finance Act, 2007, w.e.f. 1-6-2007. 4. Sub-sections (1A) and (1B) inserted by the Finance Act, 2005, w.e.f. 1-4-2006. 5. Substituted for two years by the Finance Act, 2006, w.e.f. 1-6-2006. 6. Substituted for one year by the Finance Act, 2006, w.e.f. 1-6-2006. 7. Substituted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. 8. Substituted for two years by the Finance Act, 2001, w.e.f. 1-6-2001. 9. Proviso substituted by the Finance Act, 2001, w.e.f. 1-6-2001. Prior to its substitution, proviso read as under : Provided that where the notice under section 148 was served on or before the 31st day of March, 1987, such assessment, reassessment or recomputation may be made at any time up to the 31st day of March, 1990. 10. Inserted by the Finance Act, 2006, w.e.f. 1-6-2006. 11. Inserted by the Finance Act, 2007, w.e.f. 1-6-2007. 12. Substituted by the Finance Act, 2001, w.e.f. 1-6-2001. Prior to its substitution, sub-section (2A), as inserted by the Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971 and later on amended by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988, read as under : (2A) Notwithstanding anything contained in sub-sections (1) and (2), in relation to the assessment year commencing on the 1st day of April, 1971, and any subsequent assessment year, an order of fresh assessment under section 146 or in pursuance of an order, under section 250, section 254, section 263 or section 264, setting aside or cancelling an assessment, may be made at any time before the expiry of two years from the end of the financial year in which the order under section 146 cancelling the assessment is passed by the Assessing Officer or the order under section 250 or section 254 is received by the Chief Commissioner or Commissioner or, as the case may be, the order under section 263 or section 264 is passed by the Chief Commissioner or Commissioner. 13. Inserted by the Finance Act, 2005, w.e.f. 1-4-2006. 14. Inserted by the Finance Act, 2006, w.e.f. 1-6-2006. 15. Inserted by the Finance Act, 2007, w.e.f. 1-6-2007. 16. Inserted by the Finance Act, 2005, w.e.f. 1-4-2006. 17. Inserted by the Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971. 18. Omitted by the Finance Act, 2001, w.e.f. 1-6-2001. Prior to its omission, clause (i) read as under : (i) where a fresh assessment is made under section 146; 19. Inserted by the Direct Taxes (Amendment) Act, 1964, w.e.f. 6-10-1964. 20. Substituted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-1-1976 as regards clauses (i), (ii) and (iv) and w.e.f. 1-4-1976 as regards clauses (iii) and (v). 21. Inserted by the Finance Act, 2002, w.e.f. 1-4-2003. 22. Substituted for Income-tax by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 23. Substituted for the date on which the assessee furnishes by the Finance (No. 2) Act, 1996, w.e.f. 1-4-1997. 24. Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. 25. Inserted by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984. 26. Substituted for Income-tax by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 27. Inserted by the Finance (No. 2) Act, 2004, w.e.f. 1-10-2004. 28. Inserted by the Finance (No. 2) Act, 2004, w.e.f. 1-10-2004. 29. Inserted by the Finance (No. 2) Act, 1991, w.e.f. 27-9-1991. 30. Inserted by the Finance Act, 2005, w.e.f. 1-4-2006. 31. Substituted for under section 250, 254, 260, 262, 263 or 264 by the Direct Taxes (Amendment) Act, 1964, w.e.f. 6-10-1964. 32. Substituted for under section 250, 254, 260, 262, 263 or 264 by the Direct Taxes (Amendment) Act, 1964, w.e.f. 6-10-1964. 33. Inserted by the Finance Act, 2008, w.e.f. 1-6-2003. 34. Substituted for (2) and (2A) , by Finance Act, 2008, w.e.f. 1-6-2003. 35. Inserted by the Finance Act, 2008, w.e.f. 1-6-2007. 36. Inserted vide Finance Act, 2011 w.e.f. 1.6.2011 37. Inserted vide Finance Act, 2011 w.e.f. 1.6.2011 38. Substituted vide Finance Act, 2012, w.e.f. 01-07-2012, before it was read as:- on the 1st day of April, 2004 or any subsequent assessment year 39. Substituted vide Finance Act, 2012, w.e.f. 01-07-2012, before it was read as:- on the 1st day of April, 2005 or any subsequent assessment year 40. Inserted vide Finance Act, 2012, w.e.f. 01-07-2012, 41. Substituted vide Finance Act, 2012, w.e.f. 01-07-2012, before it was read as:- six months 42. Substituted vide Finance Act, 2013, and shall be deemed to have been substituted w.e.f. 1st day of July, 2012 , before it was read as, 40 [Provided also that in case the assessment year in which the income was first assessable is the assessment year commencing on the 1st day of April, 2009 or any subsequent assessment year and during the course of the proceeding for the assessment of total income, a reference under sub-section (1) of section 92CA- ( i ) is made before the 1st day of July, 2012, but an order under sub-section (3) of that section has not been made before such date; or ( ii ) is made on or after the 1st day of July, 2012, the provisions of clause ( a ) shall, notwithstanding anything contained in the first proviso, have effect as if for the words two years , the words three years had been substituted; ] 43. Substituted vide Finance Act, 2013, and shall be deemed to have been substituted w.e.f. 1st day of July, 2012 , before it was read as, 40 [Provided also that where the notice under section 148 was served on or after the 1st day of April, 2010 and during the course of the proceedings for the assessment or reassessment or recomputation of total income, a reference under sub-section (1) of section 92CA- ( i ) is made before the 1st day of July, 2012, but an order under sub-section (3) of that section has not been made before such date; or ( ii ) is made on or after the 1st day of July, 2012, the provisions of this sub-section shall, notwithstanding anything contained in the second proviso, have effect as if for the words one year , the words two years had been substituted ] ; 44. Substituted vide Finance Act, 2013, and shall be deemed to have been substituted w.e.f. 1st day of July, 2012 , before it was read as, 40 [Provided also that where the order under section 254 is received by the Chief Commissioner or Commissioner or, as the case may be, the order under section 263 or section 264 is passed by the Commissioner on or after the 1st day of April, 2010, and during the course of the proceedings for the fresh assessment of total income, a reference under sub-section (1) of section 92CA- ( i ) is made before the 1st day of July, 2012, but an order under sub-section (3) of section 92CA has not been made before such date; or ( ii ) is made on or after the 1st day of July, 2012, the provisions of this sub-section shall, notwithstanding anything contained in the second proviso, have effect as if for the words one year , the words two years had been substituted ] ; 45. Substituted vide Finance Act, 2013, and shall be deemed to have been substituted w.e.f. 1st day of June, 201 3, before it was read as, ( iii ) the period commencing from the date on which the 22 [Assessing] Officer directs the assessee to get his accounts audited under sub-section (2A) of section 142 and ending with 23 [the last date on which the assessee is required to furnish] a report of such audit under that sub-section, or 46. Substituted vide Finance Act, 2013, and shall be deemed to have been substituted w.e.f. 1st day of June, 201 3, before it was read as, 37 [(viii) the period commencing from the date on which a reference for exchange of information is made by an authority competent under an agreement referred to in section 90 or section 90A and ending with the date on which the information so requested is received by the Commissioner or a period of 41 [ one year ] , whichever is less,] 47. Omitted vide Finance Act, 2013 w.e.f. April 1, 2013, before it was read as, 40 [ ( ix ) the period commencing from the date on which a reference for declaration of an arrangement to be impermissible avoidance arrangement is received by the Commissioner under sub-section (1) of section 144BA and ending on the date on which a direction under sub-section (3) or sub-section (6) or an order under sub-section (5) of the said section is received by the Assessing Officer, ] 48. Inserted vide Finance Act 2013, w.e.f. 1st day of April, 2016. 49. Inserted vide Finance Act 2013, w.e.f. 1st day of April, 2016. 50. Inserted vide THE FINANCE (No. 2) ACT, 2014 w.e.f. 1st day of October, 2014 51. Inserted vide THE FINANCE (No. 2) ACT, 2014 w.e.f. 1st day of June, 2013 52.Substituted vide THE FINANCE ACT, 2016 w.e.f. 1st day of June, 2016 before it was read as, Time limit for completion of assessments and reassessments. 153. 1 [(1) No order of assessment shall be made under section 143 or section 144 at any time after the expiry of- ( a ) two years from the end of the assessment year in which the income was first assessable ; or ( b ) one year from the end of the financial year in which a return or a revised return relating to the assessment year commencing on the 1st day of April, 1988, or any earlier assessment year, is filed under sub-section (4) or sub-section (5) of section 139, whichever is later :] 2 [Provided that in case the assessment year in which the income was first assessable is the assessment year commencing 38 [ on or after the 1st day of April, 2004 but before the 1st day of April, 2010 ] , the provisions of clause ( a ) shall have effect as if for the words two years , the words twenty-one months had been substituted :] 3 [Provided further that in case the assessment year in which the income was first assessable is the assessment year commencing 39 [ on or after the 1st day of April, 2005 but before the 1st day of April, 2009 ] and during the course of the proceeding for the assessment of total income, a reference under sub-section (1) of section 92CA- ( i ) was made before the 1st day of June, 2007 but an order under sub-section (3) of that section has not been made before such date; or ( ii ) is made on or after the 1st day of June, 2007, the provisions of clause ( a ) shall, notwithstanding anything contained in the first proviso, have effect as if for the words two years , the words thirty-three months had been substituted. ] 42 [Provided also that in case the assessment year in which the income was first assessable is the assessment year commencing on the 1st day of April, 2009 or any subsequent assessment year and during the course of the proceeding for the assessment of total income, a reference under sub-section (1) of section 92CA is made, the provisions of clause (a) shall, notwithstanding anything contained in the first proviso, have effect as if for the words two years , the words three years had been substituted.] 4 [(1A) No order of assessment shall be made under section 115WE or section 115WF at any time after the expiry of 5 [twenty-one months] from the end of the assessment year in which the fringe benefits were first assessable. (1B) No order of assessment or reassessment shall be made under section 115WG after the expiry of 6 [nine months] from the end of the financial year in which the notice under section 115WH was served.] 7 [(2) No order of assessment, reassessment or recomputation shall be made under section 147 after the expiry of 8 [one year] from the end of the financial year in which the notice under section 148 was served : 9 [Provided that where the notice under section 148 was served on or after the 1st day of April, 1999 but before the 1st day of April, 2000, such assessment, reassessment or recomputation may be made at any time up to the 31st day of March, 2002 :] 10 [Provided further that where the notice under section 148 was served on or after the 1st day of April, 2005, 40 [ but before the 1st day of April, 2011 ] the provisions of this sub-section shall have effect as if for the words one year , the words nine months had been substituted :] 11 [Provided also that where the notice under section 148 was served on or after the 1st day of April, 2006, 40 [ but before the 1st day of April, 2010 ] and during the course of the proceedings for the assessment or reassessment or recomputation of total income, a reference under sub-section (1) of section 92CA- ( i ) was made before the 1st day of June, 2007 but an order under sub-section (3) of that section has not been made before such date; or ( ii ) is made on or after the 1st day of June, 2007, the provisions of this sub-section shall, notwithstanding anything contained in the second proviso, have effect as if for the words one year , the words twenty-one months had been substituted. ] 43 [ Provided also that where the notice under section 148 was served on or after the 1st day of April, 2010 and during the course of the proceeding for the assessment or reassessment or recomputation of total income, a reference under sub-section (1) of section 92CA is made, the provisions of this sub-section shall, notwithstanding anything contained in the second proviso, have effect as if for the words one year , the words two years had been substituted.] 12 [(2A) Notwithstanding anything contained in sub-sections (1) 13 [, (1A), (1B)]and (2), in relation to the assessment year commencing on the 1st 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 250 or section 254 is received by the 51 [Principal Chief Commissioner or] Chief Commissioner or 51 [Principal Commissioner or] Commissioner or, as the case may be, the order under section 263 or section 264 is passed by the 51 [Principal Chief Commissioner or] Chief Commissioner or 51 [Principal Commissioner or] Commissioner: Provided that where the order under section 250 or section 254 is received by the 51 [Principal Chief Commissioner or] Chief Commissioner or 51 [Principal Commissioner or] Commissioner or, as the case may be, the order under section 263 or section 264 is passed by the 51 [Principal Chief Commissioner or] Chief Commissioner or 51 [Principal Commissioner or] Commissioner, on or after the 1st day of April, 1999 but before the 1st day of April, 2000, such an order of fresh assessment may be made at any time up to the 31st day of March, 2002 :] 14 [Provided further that where the order under section 254 is received by the 51 [Principal Chief Commissioner or] Chief Commissioner or 51 [Principal Commissioner or] Commissioner or, as the case may be, the order under section 263 or section 264 is passed by the 51 [Principal Commissioner or] Commissioner on or after the 1st day of April, 2005, 40 [ but before the 1st day of April, 2011 ] the provisions of this sub-section shall have effect as if for the words one year , the words nine months had been substituted:] 15 [Provided also that where the order under section 254 is received by the 51 [Principal Chief Commissioner or] Chief Commissioner or 51 [Principal Commissioner or] Commissioner or, as the case may be, the order under section 263 or section 264 is passed by the 51 [Principal Commissioner or] Commissioner on or after the 1st day of April, 2006, 40 [ but before the 1st day of April, 2010 ] and during the course of the proceedings for the fresh assessment of total income, a reference under sub-section (1) of section 92CA- ( i ) was made before the 1st day of June, 2007 but an order under sub-section (3) of section 92CA has not been made before such date; or ( ii ) is made on or after the 1st day of June, 2007, the provisions of this sub-section shall, notwithstanding anything contained in the second proviso, have effect as if for the words one year , the words twenty-one months had been substituted. ] 44 [ Provided also that where the order under section 254 is received by the 51 [Principal Chief Commissioner or] Chief Commissioner or 51 [Principal Commissioner or] Commissioner or, as the case may be, the order under section 263 or section 264 is passed by the 51 [Principal Commissioner or] Commissioner on or after the 1st day of April, 2010, and during the course of the proceeding for the fresh assessment of total income, a reference under sub-section (1) of section 92CA is made, the provisions of this sub-section shall, notwithstanding anything contained in the second proviso, have effect as if for the words one year , the words two years had been substituted.] (3) The provisions of sub-sections (1) 16 [, (1A), (1B)] and (2) shall not apply to the following classes of assessments, reassessments and recomputations which may, 17 [subject to the provisions of sub-section (2A),] be completed at any time- ( i ) 18 [***] ( ii ) where the assessment, reassessment or recomputation is made on the assessee or any person in consequence of or to give effect toany finding or direction contained in an order under section 250, 254, 260, 262, 263, or 264 19 [or in an order of any court in a proceeding otherwise than by way of appeal or reference under this Act] ; ( iii ) where, in the case of a firm, an assessment is made on a partner of the firm in consequence of an assessment made on the firm under section 147. 33 [ (4) Notwithstanding anything contained in the foregoing provisions of this section, sub-section (2) of section 153A and sub-section (1) of section 153B, the order of assessment or reassessment, relating to any assessment year, which stands revived under sub-section (2) of section 153A, shall be made within one year from the end of the month of such revival or within the period specified in this section or sub-section (1) of section 153B, whichever is later ] 20 [ Explanation 1. - In computing the period of limitation for the purposes of this section- ( i ) the time taken in reopening the whole or any part of the proceeding or in giving an opportunity to the assessee to be re-heard under the proviso to section 129, or ( ii ) the period during which the assessment proceeding is stayed by an order or injunction of any court, or 21 [( iia ) the period commencing from the date on which the Assessing Officer intimates the Central Government or the prescribed authority, the contravention of the provisions of clause ( 21 ) or clause ( 22B ) or clause ( 23A ) or clause ( 23B ) or sub-clause ( iv ) or sub-clause ( v ) or sub-clause ( vi ) or sub-clause ( via ) of clause ( 23C ) of section 10, under clause ( i ) of the proviso to sub-section (3) of section 143 and ending with the date on which the copy of the order withdrawing the approval or rescinding the notification, as the case may be, under those clauses is received by the Assessing Officer;] 45 [(iii) the period commencing from the date on which the Assessing Officer directs the assessee to get his accounts audited under sub-section (2A) of section 142 and- (a) ending with the last date on which the assessee is required to furnish a report of such audit under that sub-section; or (b) where such direction is challenged before a court, ending with the date on which the order setting aside such direction is received by the 51 [Principal Commissioner or] Commissioner, or ] ( iv ) 24 [* * *] 50 [(iv) the period commencing from the date on which the Assessing Officer makes a reference to the Valuation Officer under sub-section (1) of section 142A and ending with the date on which the report of the Valuation Officer is received by the Assessing Officer, or] 25 [( iva ) the period (not exceeding sixty days) commencing from the date on which the 26 [Assessing] Officer received the declaration under sub-section (1) of section 158A and ending with the date on which the order under sub-section (3) of that section is made by him, or] ( v ) in a case where an application made before the Income-tax Settlement Commission under section 245C is rejected by it or is not allowed to be proceeded with by it, the period commencing from the date on which such application is made and ending with the date on which the order under sub-section (1) of section 245D is received by the 51 [Principal Commissioner or] Commissioner under sub-section (2) of that section, 27 [or] 28 [( vi ) the period commencing from the date on which an application is made before the Authority for Advance Rulings under sub-section (1) of section 245Q and ending with the date on which the order rejecting the application is received by the 51 [Principal Commissioner or] Commissioner under sub-section (3) of section 245R, or ( vii ) the period commencing from the date on which an application is made before the Authority for Advance Rulings under sub-section (1) of section 245Q and ending with the date on which the advance ruling pronounced by it is received by the 51 [Principal Commissioner or] Commissioner under sub-section (7) of section 245R, 36 [or]] 46 [(viii) the period commencing from the date on which a reference or first of the references for exchange of information is made by an authority competent under an agreement referred to in section 90 or section 90A and ending with the date on which the information requested is last received by the 51 [Principal Commissioner or] Commissioner or a period of one year, whichever is less, ] 48 [or] 47 [ (ix) ***] 49 [(ix) the period commencing from the date on which a reference for declaration of an arrangement to be an impermissible avoidance arrangement is received by the 51 [Principal Commissioner or] Commissioner under sub-section (1) of section 144BA and ending on the date on which a direction under sub-section (3) or sub-section (6) or an order under sub-section (5) of the said section is received by the Assessing Officer,] shall be excluded : 29 [Provided that where immediately after the exclusion of the aforesaid time or period, the period of limitation referred to in sub-sections (1), 30 [(1A), (1B),] 34 [ (2), (2A) and (4) ] available to the Assessing Officer for making an order of assessment, reassessment or recomputation, as the case may be, is less than sixty days, such remaining period shall be extended to sixty days and the aforesaid period of limitation shall be deemed to be extended accordingly.] 35 [Provided further that where a proceeding before the Settlement Commission abates under section 245HA, the period of limitation available under this section to the Assessing Officer for making an order of assessment, reassessment or re-computation, as the case may be, shall, after the exclusion of the period under sub-section (4) of section 245HA, be not less than one year; and where such period of limitation is less than one year, it shall be deemed to have been extended to one year; and for the purposes of determining the period of limitation under sections 149, 153B, 154, 155, 158BE and 231 and for the purposes of payment of interest under section 243 or section 244 or, as the case may be, section 244A, this proviso shall also apply accordingly ] Explanation 2. - Where, by an order 31 [referred to in clause ( ii ) of sub-section (3)], any income is excluded from the total income of the assessee for an assessment year, then, an assessment of such income for another assessment year shall, for the purposes of section 150 and this section, be deemed to be one made in consequence of or to give effect to any finding or direction contained in the said order. Explanation 3. - Where, by an order 32 [referred to in clause ( ii ) of sub-section (3)], any income is excluded from the total income of one person and held to be the income of another person, then, an assessment of such income on such other person shall, for the purposes of section 150 and this section, be deemed to be one made in consequence of or to give effect to any finding or direction contained in the said order, provided such other person was given an opportunity of being heard before the said order was passed. 53. Inserted vide THE FINANCE ACT, 2017 w.e.f. 1st day of April, 2017 54. Inserted vide THE FINANCE ACT, 2017 w.e.f. 1st day of April, 2017 55. Inserted vide THE FINANCE ACT, 2017 w.e.f. 1st day of April, 2017 56. Inserted vide THE FINANCE ACT, 2017 w.e.f. 1st day of June, 2016 57. Inserted vide THE FINANCE ACT, 2017 w.e.f. 1st day of June, 2016 58. Substituted vide THE FINANCE ACT, 2017 w.e.f. 1st day of April, 2017, before it was read as, 153B, 59. Inserted vide THE FINANCE ACT, 2021 dated 28-03-2021 w.e.f. 01-04-2021 60. Substituted vide THE FINANCE ACT, 2021 dated 28-03-2021 w.e.f. 01-04-2021 before it was read as Authority for Advance Rulings 61. Substituted vide THE FINANCE ACT, 2021 dated 28-03-2021 w.e.f. 01-04-2021 before it was read as Authority for Advance Rulings 62. Inserted vide THE FINANCE ACT, 2021 dated 28-03-2021 w.e.f. 01-02-2021 63. Substituted vide Finance Act, 2022 w.e.f. 01-04-2021 before it was read as Provided further that in respect of an order of assessment relating to the assessment year commencing on or after the 1st day of April, 2019, the provisions of this sub-section shall have effect, as if for the words twenty-one months , the words twelve months had been substituted. 64. Inserted vide Finance Act, 2022 w.e.f. 01-04-2022 65. Inserted vide Finance Act, 2022 w.e.f. 01-04-2022 66. Inserted vide Finance Act, 2022 w.e.f. 01-04-2022 67. Inserted vide Finance Act, 2022 w.e.f. 01-04-2022 68. Inserted vide Finance Act, 2022 w.e.f. 01-04-2022 69. Inserted vide Finance Act, 2022 w.e.f. 01-04-2022 70. Substituted vide Finance Act, 2022 w.e.f. 01-04-2022 before it was read as sub-sections (3) and (5) 71. Substituted vide Finance Act, 2022 w.e.f. 01-04-2022 before it was read as or sub-clause (iv) or sub-clause (v) or sub-clause (vi) or sub-clause (via) of clause (23C) of section 10, under clause (i) of the proviso 72. Substituted vide Finance Act, 2022 w.e.f. 01-04-2021 before it was read as Assessing Officer, 73. Inserted vide Finance Act, 2022 w.e.f. 01-04-2022 74. Omitted vide THE FINANCE ACT, 2023 dated 31-03-2023 w.e.f. 01-04-2023 before it was read as, or after 75. Inserted vide THE FINANCE ACT, 2023 dated 31-03-2023 w.e.f. 01-04-2023 76. Substituted vide THE FINANCE ACT, 2023 dated 31-03-2023 w.e.f. 01-04-2023 before it was read as, nine months 77. Substituted vide THE FINANCE ACT, 2023 dated 31-03-2023 w.e.f. 01-04-2023 before it was read as, sub-sections (1) and (2) 78. Substituted vide THE FINANCE ACT, 2023 dated 31-03-2023 w.e.f. 01-04-2023 before it was read as, Principal Commissioner or Commissioner 79. Inserted vide THE FINANCE ACT, 2023 dated 31-03-2023 w.e.f. 01-04-2023 80. Substituted vide THE FINANCE ACT, 2023 dated 31-03-2023 w.e.f. 01-04-2023 before it was read as, sub-sections (1), (2) and (3) 81. Substituted vide THE FINANCE ACT, 2023 dated 31-03-2023 w.e.f. 01-04-2023 before it was read as, the Principal Commissioner or Commissioner 82. Substituted vide THE FINANCE ACT, 2023 dated 31-03-2023 w.e.f. 01-04-2023 before it was read as, sub-sections (1) and (2) 83. Inserted vide THE FINANCE ACT, 2023 dated 31-03-2023 w.e.f. 01-04-2023 84. Inserted vide THE FINANCE ACT, 2023 dated 31-03-2023 w.e.f. 01-04-2023 85. Inserted vide THE FINANCE ACT, 2023 dated 31-03-2023 w.e.f. 01-04-2023 86. Inserted vide THE FINANCE ACT, 2023 dated 31-03-2023 w.e.f. 01-04-2023