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Whether the tribunal was correct in holding that the order passed by the Tribunal dated 31-7-2006 by the Tribunal dated 31-7-2006 was under section 153(2A) of the Act and therefore barred by limitation and not under section 153(3) of the Act, which permitted the Assessing Officer an extended period, as the original assessment was neitherset asidein entirety or cancelled and only directed to examine two items?

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Sec. 153 of the Income-tax Act, 1961—Assessment - If a matter falls under section 153(2A) of the Act, the fresh order of assessment has to be passed within the prescribed period of two years, whereas, under section 153(3) of the Act, the assessment, reassessment or re-computation has to be made on the assessee or any person in consequence, or to give effect to any finding or direction contained in an order under section 250, 254, 260,262, 263 and 264 or in an order of any court in a proceeding otherwise than by way of appeal or reference under this Act, for which no period of limitation is prescribed. However, it is trite law that even when no limitation is prescribed, the Act has to be performed within a reasonable time. - CIT V/s ASTRA ZENECA PHARMA INDIA LTD. - [2020] 272 TAXMAN 354 (KARN)

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