Amendment
of section 153.
35. In section 153 of the Income-tax
Act, after sub-section (3),—
(a) the following sub-section shall be inserted
and shall be deemed to have been inserted with effect from the 1st day of June,
2003, namely:—
“(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.”;
(b) in Explanation 1,—
(i) in the proviso, for the brackets, figures,
word and letter “(2) and (2A)”, the brackets, figures, letter and word “(2),
(2A) and (4)” shall be substituted and shall be deemed to have been substituted
with effect from the lst day of June, 2003;
(ii) after the proviso, the following proviso shall
be inserted and shall be deemed to have been inserted with effect from the 1st
day of June, 2007, namely:—
“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.”.