Assessment of such income for another assessment year shall be deemed to be made in consequence of any finding or direction contained in said order

IT : Where by an order any income is excluded from total income of an assessee for an assessment year, then assessment of such income for another assessment year shall be deemed to be made in consequence of any finding or direction contained in said order
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[2014] 49 taxmann.com 321 (Delhi)
HIGH COURT OF DELHI
Commissioner of Income-tax
v.
PP Engineering Work*
SANJIV KHANNA AND V. KAMESWAR RAO, JJ.
IT APPEAL NO. 179 OF 2012
JULY  31, 2014
Section 153, read with sections 68 and 150, of the Income-tax Act, 1961 - Assessment - Time limit for completion of (Explanation to section 153) - Assessment year 2000-01 - Tribunal deleted addition made under section 68 by Assessing Officer on ground that credit entries related to earlier year - On basis of said order, Assessing Officer initiated re-assessment proceedings for said earlier year after lapse of 7 years and made addition - Tribunal held that Assessing Officer lacked jurisdiction to re-open assessment - Whether since as per Explanation to section 153 where by an order any income is excluded from total income of an assessee for an assessment year, then assessment of such income for another assessment year shall be deemed to be made in consequence of any finding or direction contained in said order, Tribunal fell in error in its decision overlooking section 150 - Held, yes [Para 9] [In favour of revenue