Answer

ITR

Assessment set aside in revision, what next

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  1. Facts

    When a revision order sets aside the assessment, the assessing officer does a fresh assessment on the issues directed. You can also appeal against the revision order itself.

  2. Provisions and law

    • Sec 263, Income-tax Act 1961 (now Sec 377, Income-tax Act 2025)The Principal Commissioner or Commissioner can revise an assessment order that is erroneous and prejudicial to revenue, after giving a hearing, within 2 years from the end of the financial year of the order.
    • Sec 253, Income-tax Act 1961Appeal to the Income Tax Appellate Tribunal against orders including revision orders, generally within 60 days.
  3. Analysis

    Two tracks run together. You can appeal the revision order to the Tribunal within 60 days. Meanwhile, the fresh assessment will start and you should reply to it fully. If the Tribunal quashes the revision, the fresh assessment falls with it.

  4. Conclusion

    1. Read the revision order and directions.
    2. Decide whether to appeal to the Tribunal.
    3. Reply fully in the fresh assessment proceedings.
    4. Track both and keep records.

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Revision, Sec 263 (now 377)

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