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TMI Blog2016 (10) TMI 1112X X X X Extracts X X X X X X X X Extracts X X X X ..... dent : A. R. Malhotra with N. A.Kazi ORDER Heard. 2. Appeal relates to Assessment Year 200304. 3. Appeal admitted on the following reframed substantial question of law: "Whether on the facts and circumstances of the case and in law, the Tribunal was justified in restoring the issue to the Assessing Officer after having quashed/set aside the order dated 14th December, 2009 passed by the Asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... October, 2008 objected to the reasons recorded in support of notice dated 28th March, 2008. The Assessing Officer without disposing of the objections of the appellant, completed the Assessment on 14th December, 2009 under Section 143(3) read with Section 147 of the Act. The order dated 14th December, 2009 of the Assessing Officer made addition to the appellant's income on the basis of the rea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TO 259 ITR 19. In the aforesaid circumstances, the order of the CIT(A) and the Assessing Officer were quashed and set aside. However, after having set aside the orders, it restored the Assessment to the Assessing Officer to pass fresh order after disposing of the objections to reopening notice dated 28th March, 2008, in accordance with law. 8. We note that once the impugned order finds the Assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act a period of limitation within which the Assessing Officer must pass an order on the notice of reopening i.e. within one year from the end of the financial year in which the notice was issued. In fact, Section 153 (2A) of the Act as in force at the relevant time itself provides that an order of fresh Assessment, consequent to the order of Tribunal under Section 254 of the Act, would have to be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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