Section 285 — Other provisions
Old Act equivalent: Section 152 of IT Act 1961 Sub-part: Income Escaping Assessment
Statutory Text
- (1) In an assessment, reassessment or recomputation made under section
279, the tax shall be chargeable at the rate or rates at which it would have been charged had the income not escaped assessment. (2) The proceedings initiated under section 279 shall be dropped on a claim made by the assessee and on his showing to the effect that— ( a) the assessee had been assessed on an amount not lower than what he would be rightly liable for, even if the income alleged to have escaped assessment had been taken into account, or the assessment or compu - tation had been properly made; and ( b) he has not impugned any part of the original assessment order for the relevant tax year under section 356 or 357 or 378.
(2) The provisions of sub-section (1) shall not apply in any case where any such assessment, reassessment or recomputation as is referred to in that sub-section relates to a tax year in respect of which an assessment, reassessment or recomputation could not have been made, by reason of any other provisions limiting the time within which any action for assessment, reassessment or recomputation may be taken, at the time when,— ( a) the order which was the subject-matter of the appeal, reference or revision, as the case may be, was made; or ( b) the reference from the jurisdictional Principal Commissioner or Commissioner is made to the Approving Panel under section 274(4).” (3) Where a claim has been made by an assessee under sub-section (2), he shall not be entitled to reopen matters concluded by an order under section 287 or 288 or 365(10) or 368 or 377. Time limit for completion of assessment, reassessment and recomputation.
Provisos
None.
Explanations
None.
Tables
None.
Cross-References
To be updated.
Notes
- Verification status: pending
- Auto-generated from IT Act 2025 PDF on 2026-04-13
Related Circulars
- Circular 11/2015