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94. Limitation for assessment.-
1[(1) Subject to the provisions of sub-sections (2) and (3), after the expiry of-
(a) two years from the end of the assessment year in which the income was first assessable if the assessment is to be made as a result of audit under section 82BB;
(b) three years from the end of the relevant assessment year in which the income was first assessable if the assessment is to be made under section 107C; or
(c) six months from the end of the assessment year in which the income was first assessable if the assessment is to be made in a case other than the cases mentioned in clause (a) or (b);
no order of assessment under the provisions of this Chapter, in respect of any income, shall be made.
(2) An assessment under section 93 may be made within two years from the end of the year in which the notice under sub-section (1) of
section 93 was issued.]
2[(1) Subject to the provisions of subsections (2) and (3), no order of assessment under the provisions of this Chapter in respect of any income shall be made after the expiry of six months from the end of the assessment year in which the income was first assessable.]
3[(1A) Notwithstanding anything contained in sub-section (1), no order of assessment under 4[sub-section (3) of section 82BB] shall be made-
(a) after the expiry of two years from the end of the assessment year in which the income was first assessable 5[.or
[(b) after the expiry of the period of fifteen months from the end of the month in which the return is submitted, which ever is earlier.]
6[(1B) Notwithstanding anything contained in sub-section (1) or (1A), no order of assessment under section 107C of this Ordinance shall be made after the expiry of three years from the end of the assessment year in which the income was first assessable.]
(2) Notwithstanding anything contained in sub-section (1), assessment under section 93 may be made-
(a) in the cases falling under section 93(3)(a) and (b), within7[two years] from the end of the year in which notice under the said subsection was issued ; and (b) in the cases falling under section 93(3)(c), within8[one year] from the end of the year in which notice under the said sub-section was issued.
(3) Notwithstanding anything contained in this section, limiting the time within which any action may be taken, or any order or assessment may be made, order or assessment, as the case may be, to be made on the assessee or any other person in consequence of, or to give effect to, any finding or direction contained in an order under 9[sections 120, 121A, 156, 159, 161 or 162 or, in the case of a firm, an assessment to be made on a partner of a firm in consequence of an assessment made on the firm,
10[shall be made within thirty days] from the date on which the order was communicated and such revised order shall be communicated to the assessee within thirty days next following 11[:
Provided that where an order of assessment has been set aside by any authority in that case the assessment shall be made within forty five days from the date on which the order was communicated to him.]
Explanation I - Where, by an order under 12[sections 120, 121A, 156, 159, 161 or 162], any income is excluded from the total income of the assessee for an assessment year, an assessment of such income for another assessment year shall, for the purposes of this section, be deemed to be one made in consequence of, or to give effect to, any finding or direction contained in the said order.
Explanation II - Where, by an order under 13[sections 120, 121A, 156, 159,161 or 162], any income is excluded from the total income of one person and held to be the income of another person, an assessment of such income of such other person, shall, for the purposes of this section, be deemed to be one made in consequence of, or to give effect to, any finding or direction contained in the said order. 14[(4) where the Deputy Commissioner of Taxes fails to give effect to any finding or direction contained in an order referred to in sub-section (3) within the period stipulated therein, such failure of the Deputy Commissioner of Taxes shall be construed as misconduct.]
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1Ins. by F.A. 2017
2Subs. for "five" by F.A. 2012
3Ins. by F.A. 2003
4Subs. for "sub-section (2) of section 82B, sub-section (3) of section 82BB or sub-section (2) of
83A" by F.O. 2008
5Subs. for "full-stop" for "semi-colon" and omitted "or" and clause (b) by F.A. 2010
6Ins. new sub-section (IB) by F.A. 2012
7Subs. for "four years" by F.A. 1995
8Subs. for "two years" by F.A. 1995
9Subs. for "sections 120,156,159,161 or 162" by F.A. 2009
10Subs. the words "may made within sixty days" by F.A. 2002
11Ins. by F.A. 2004
12Subs. for "sections 120, 156, 159, 161 or 162" by F.A. 2009
13Subs. for "sections 120, 156, 159, 161 or 162" by F.A. 2009
14Ins. by F.A. 2002
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