কর নির্ধারণে সময়ের সীমাবদ্ধতা

(1) Subject to the provisions of sub-sections (2) and (3), the tax assessment or return process shall be completed before the expiry of the following period, namely-

(a) in the case of return process under section 181, 2 (two) tax years after the end of the tax year in which the return is filed;

(b) 2 (two) tax years after the end of the tax year in which any return is elected for audit under sub-section (1) of section 182;

(c) 1 (one) tax year after the end of the tax year in which any return is treated as an ordinary return;

(d) In the assessment of tax made under section 235, 3 (three) tax years after the end of the relevant tax year in which the said income first became assessable.

(2) An assessment under section 212 may be made within two years from the end of the year in which the notice under sub-section (1) of section 212 was issued.

(3) Notwithstanding anything contained in this the time for taking any action shall be limited, in consequence of or in execution of an order or assessment of tax made for the taxpayer or any other person, as the case may be, or in the case f a firm, in consequence of an assessment or assessment made for a partner of the firm in consequence of an observation or direction given in n order under section 213, 285, 289, 292, 294 or 295; or the agreement prepared on the basis of the agreement reached under section 304, shall be 10tified to the taxpayer within 30 (thirty) days of the late on which the said order or agreement is notified and such amended order within 30 (thirty) days thereafter.

(4) In cases where the tax assessment order is set aside by any authority, the tax assessment has to be done within 60 (sixty) days from the date on which the said order is notified.

(5) Where by any order under  section 213, 285, 289, 292, 294 or 295 any income of the taxpayer is excluded from the total income for any tax year, the assessment of tax on that income for any other tax year shall, for the purpose of this section, be made in consequence of, or for the purpose of giving effect to, any decision or direction contained in that order will be considered.

(6) Where any income has been excluded from the total income of a person by any order under  section 213, 285, 289, 292, 294 or 295 and has been assessed as the income of another person, for the purpose of this section, the tax assessment of such income of the latter person shall be deemed to have been made as a result of the decision or direction of the said order or for the purpose of giving effect to it.

(7) If the Deputy Commissioner of Taxes fails to give any order or instruction mentioned within the time limit mentioned in sub-section (3), such failure of the Deputy Commissioner of Taxes shall be considered as misconduct.

Comment :