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India - Income Tax Act 2010 - Saarc

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S. 245A I.T. ACT, 1961 1.828Provided that—(i) a proceeding for assessment or reassessment or recomputationunder section 147;(ii) 56a [***](iii) 56a [***](iv) a proceeding for making fresh assessment in pursuance of anorder under section 254 or section 263 or section 264, settingaside or cancelling an assessment,shall not be a proceeding for assessment for the purposes of thisclause.Explanation.—For the purposes of this clause—(i) a proceeding for assessment or reassessment or recomputationreferred to in clause (i) of the proviso shall be deemed to havecommenced from the date on which a notice under section 148is issued;(ii) 56b [***](iii) a proceeding for making fresh assessment referred to in clause(iv) of the proviso shall be deemed to have commenced from thedate on which the order under section 254 or section 263 orsection 264, setting aside or cancelling an assessment was passed;56c[(iiia) a proceeding for assessment or reassessment for any of theassessment years, referred to in clause (b) of sub-section (1) ofsection 153A in case of a person referred to in section 153A orsection 153C, shall be deemed to have commenced on the date ofissue of notice initiating such proceedings and concluded on thedate on which the assessment is made;](iv) a proceeding for assessment for any assessment year, other thanthe proceedings of assessment or reassessment referred to inclause (i) or 56d [clause (iv) of the proviso or clause (iiia) of theExplanation], shall be deemed to have commenced from the 1stday of the assessment year and concluded on the date on whichthe assessment is made;](Contd. from p. 1.827)Provided that where any appeal or application for revision has been preferred afterthe expiry of the period specified for the filing of such appeal or application forrevision under this <strong>Act</strong> and which has not been admitted, such appeal or revisionshall not be deemed to be a proceeding pending within the meaning of this clause;’56a. Clauses (ii) and (iii) omitted by the Finance <strong>Act</strong>, <strong>2010</strong>, w.e.f. 1-6-<strong>2010</strong>. Prior to theiromission, clauses (ii) and (iii) read as under :“(ii) a proceeding for assessment or reassessment for any of the assessment yearsreferred to in clause (b) of section 153A in case of a person referred to in section153A or section 153C;(iii) a proceeding for assessment or reassessment for the assessment year referred toin clause (b) of sub-section (1) of section 153B in case of a person referred to insection 153A or section 153C;”56b. Omitted, ibid. Prior to its omission, clause (ii) read as under :“(ii) a proceeding for assessment or reassessment referred to in clause (ii) or clause (iii)of the proviso shall be deemed to have commenced on the date of initiation of thesearch under section 132 or requisition under section 132A;”56c. Inserted, ibid.56d. Substituted for “clause (ii) or clause (iii) or clause (iv) of the proviso”, ibid.

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