CESC LTD.,KOLKATA vs. DCIT, CIR-6(1), KOLKATA, KOLKATA

This appeal filed by the assessee is directed against the order of Principal CIT – 2, Kolkata dated 27.03.2015 passed under section 263 of the Income Tax Act, 1961.

We have heard both the sides and also perused the material available on record. As submitted by the learned counsel for the assessee at the outset, the time limit for completion of fresh assessment by the A.O. in pursuance of impugned order passed by the Ld. CIT under section 263 was 12 months from the end of the financial year in which order under section 263 was received by him 2 Assessment Year: 2010-11 CESC Limited as per the specific provision contained in section 153. He has submitted that the impugned order passed by the Ld. CIT under section 263 on 27.03.2015 was received by the A.O. in the F.Y. 2015- 16 and the time limit for passing the fresh order in pursuance thereof is already expired on 31.03.2017. He has submitted the assessee however has not received any fresh assessment order from the A.O. nor even a notice initiating fresh assessment proceedings in pursuance of the order passed by the Ld. CIT under section 263. He has contended that the Assessing Officer thus appears to have failed to pass an order of fresh assessment in pursuance of the impugned order passed under section 263 in the time limit prescribed in section 153 and consequently this appeal filed by the assessee against the order passed by the A.O. under section 263 has virtually become infructuous. In reply to a query raised by the bench in this regard, the Ld. CIT DR has submitted that he is not aware as to whether any order of fresh assessment has been passed by the A.O. in pursuance of the impugned order passed by the Ld. CIT under section 263 within the time limit prescribed in section 153. Keeping in view the submissions made by the learned representatives of both the sides, we treat this appeal filed by the assessee as infrustuous and dismiss the same accordingly. We however give liberty to the assessee to seek revival of this appeal if he comes to know subsequently about any order of fresh assessment passed by the Ld. CIT in pursuance of the impugned order passed by the A.O. under section 263, if it is so advised.