TMI Blog2008 (11) TMI 65X X X X Extracts X X X X X X X X Extracts X X X X ..... unt finally determined as taxable, and not from the due date of the original assessment order – there is no any error in the finding recorded by the Tribunal – revenue’s appeal have no force and are dismissed - 126 of 2008 & 57 of 2008 - - - Dated:- 10-11-2008 - SHRI N P GUPTA and SHRI KISHAN SWAROOP CHAUDHARI,JJ. Mr. K.K. Bissa, for the appellant/petitioner. JUDGMENT Both these appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... set aside by the Tribunal vide order dated 31.3.2005, and the matter was restored to the file of the Assessing Officer with certain directions. Thereafter, the Assessing Officer passed a fresh assessment order determining the total undisclosed income at Rs.35,63,120/-. It may be noticed that earlier the income determined was at Rs.1,56,36,101/-. The question that arise and arose before the Tribuna ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... here an assessment order is cancelled under section 146 or cancelled/set aside by an appellate/revisional authority and the cancellation/setting aside becomes final (i.e. it is not varied as a result of further appeals/revisions), no interest under section 220(2) can be charged pursuant to the original demand notice. The necessary corollary of this position will be that even when the assessment is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... becomes applicable only in the eventuality, where the original assessment order is varied, or set aside by the Appellate Authority, and on further appeal the original order of the Assessing Officer is restored, either wholly or in part. In the present case, it is not shown that the original assessment order was at all restored on further appeal against the order of the Tribunal, whether dated 31.3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... instead of supporting the contentions of the Revenue. Thus, this contention doesn't hold good. 9. So far as the other two questions framed in the appeals are concerned, having gone through the earlier order of the Tribunal dated 31.3.2005, which was made available for our perusal, in our view, we do not find any error in the finding recorded by the Tribunal. 10. The appeals thus, have no f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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