Section 153 — Time Limit for Completion of Assessment, Reassessment and Recomputation
Case Laws & Commentary · Income-tax Act, 1961 (as amended by the Finance Act, 2026) · bharattax.co Treatise
Status: Live, central. Prescribes the outer time-limits for completing assessments under sections 143/144 and reassessments under section 147, the limits for giving effect to appellate/revisional/court orders and set-aside cases, and the Explanations excluding specified periods (stays, special audit, references, etc.) from the computation.
FA 2026: The Finance Act, 2026 prescribes that a reassessment notice/order to give effect to a finding or direction of a court or appellate authority must be issued within three months from the end of the quarter in which the certified copy of the relevant order is received by the jurisdictional Principal Commissioner/Commissioner (a refinement read with sections 148/149/150).
Recent amendments: The base assessment period has been compressed over successive Finance Acts (presently twelve months from the end of the relevant assessment year for regular assessments, with extensions for TP references and other contingencies).
A. SECTION COMMENTARY
Section 153 is the master limitation provision for assessment. It fixes the period within which an order under section 143 or 144 must be made, the period for reassessment/recomputation under section 147, and the periods for fresh assessments consequent on set-aside, and for giving effect to orders of appellate authorities, the Tribunal, courts, the Settlement Commission, etc. The Explanations exclude defined periods — for example, the time during which assessment is stayed by a court, the period of a special audit under section 142(2A), the time taken on a reference to the Valuation Officer or for exchange of information, and the period of the DRP process — so that the effective limitation is extended by these exclusions.
The governing principles are well-settled. Limitation provisions are to be strictly construed; once an assessment is barred by limitation, it cannot be revived, and a barred proceeding confers no jurisdiction. The exclusions in the Explanations operate only on their own terms and the burden is on the Revenue to bring a case within an exclusion. A distinct and currently-contested question is whether the section 153 outer limit also binds a final order to be passed under section 144C(13) after DRP directions — on which the Supreme Court has delivered a split verdict (Shelf Drilling, 2025), pending authoritative resolution.
B. STATUTORY POSITION (verbatim text)
Reproduced from the local Act (base text to the Finance Act, 2025). Section 153 is lengthy; the sub-sections fixing the periods and the Explanations providing the exclusions are set out as printed.
153. (1) No order of assessment shall be made under section 143 or section 144 at any time after the expiry of twenty-one months from the end of the assessment year in which the income was first assessable:
Provided that in respect of an order of assessment relating to the assessment year commencing on the 1st day of April, 2018, the provisions of this sub-section shall have effect, as if for the words "twenty-one months", the words "eighteen months" had been substituted:
Provided further that in respect of an order of assessment relating to the assessment year commencing on—
(i) the 1st day of April, 2019, the provisions of this sub-section shall have effect, as if for the words "twenty-one months", the words "twelve months" had been substituted;
(ii) the 1st day of April, 2020, the provisions of this sub-section shall have effect, as if for the words "twenty-one months", the words "eighteen months" had been substituted:
Provided also that in respect of an order of assessment relating to the assessment year commencing on *** the 1st day of April, 2021, the provisions of this sub-section shall have effect, as if for the words "twenty-one months", the words "nine months" had been substituted:
Provided also that in respect of an order of assessment relating to the assessment year commencing on or after the 1st day of April, 2022, the provisions of this sub-section shall have effect, as if for the words "twenty-one months", the words "twelve months" had been substituted.
(1A) Notwithstanding anything contained in sub-section (1), where a return under sub-section (8A) of section 139 is furnished, an order of assessment under section 143 or section 144 may be made at any time before the expiry of twelve months from the end of the financial year in which such return was furnished.
(1B) Notwithstanding anything in sub-section (1), where a return is furnished in consequence of an order under clause (b) of sub-section (2) of section 119, an order of assessment under section 143 or section 144 may be made at any time before the expiry of twelve months from the end of the financial year in which such return was furnished.
(2) No order of assessment, reassessment or recomputation shall be made under section 147 after the expiry of nine months from the end of the financial year in which the notice under section 148 was served:
Provided that where the notice under section 148 is served on or after the 1st day of April, 2019, the provisions of this sub-section shall have effect, as if for the words "nine months", the words "twelve months" had been substituted.
(3) Notwithstanding anything contained in sub-sections (1) , (1A) and (2), an order of fresh assessment or fresh order under section 92CA, as the case may be, in pursuance of an order under section 250 or section 254 or section 263 or section 264, setting aside or cancelling an assessment, or an order under section 92CA, as the case may be, may be made at any time before the expiry of nine months from the end of the financial year in which the order under section 250 or section 254 is received by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner or, as the case may be, the order under section 263 or section 264 is passed by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner, as the case may be :
Provided that where the order under section 250 or section 254 is received by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner or, as the case may be, the order under section 263 or section 264 is passed by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner, as the case may be, on or after the 1st day of April, 2019, the provisions of this sub-section shall have effect, as if for the words "nine months", the words "twelve months" had been substituted.
(3A) Notwithstanding anything contained in sub-sections (1), (1A), (2) and (3), where an assessment or reassessment is pending on the date of initiation of search under section 132 or making of requisition under section 132A, the period available for completion of assessment or reassessment, as the case may be, under the said sub-sections shall,—
(a) in a case where such search is initiated under section 132 or such requisition is made under section 132A;
(b) in the case of an assessee, to whom any money, bullion, jewellery or other valuable article or thing seized or requisitioned belongs to;
(c) in the case of an assessee, to whom any books of account or documents seized or requisitioned pertains or pertain to, or any information contained therein, relates to, be extended by twelve months.
(4) Notwithstanding anything contained in sub-sections (1), (1A), (2), (3) and (3A), where a reference under sub-section (1) of section 92CA is made during the course of the proceeding for the assessment or reassessment, the period available for completion of assessment or reassessment, as the case may be, under the said sub-sections (1), (1A), (2), (3) and (3A), shall be extended by twelve months.
(5) Where effect to an order under section 250 or section 254 or section 260 or section 262 or section 263 or section 264 is to be given by the Assessing Officer or the Transfer Pricing Officer, as the case may be, wholly or partly, otherwise than by making a fresh assessment or reassessment or fresh order under section 92CA, as the case may be, such effect shall be given within a period of three months from the end of the month in which order under section 250 or section 254 or section 260 or section 262 is received by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner, as the case may be, the order under section 263 or section 264 is passed by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner, as the case may be :
Provided that where it is not possible for the Assessing Officer or the Transfer Pricing Officer, as the case may be, to give effect to such order within the aforesaid period, for reasons beyond his control, the Principal Commissioner or Commissioner on receipt of such request in writing from the Assessing Officer or the Transfer Pricing Officer, as the case may be, if satisfied, may allow an additional period of six months to give effect to the order:
(5A) Where the Transfer Pricing Officer gives effect to an order or direction under section 263 by an order under section 92CA and forwards such order to the Assessing Officer, the Assessing Officer shall proceed to modify the order of assessment or reassessment or recomputation, in conformity with such order of the Transfer Pricing Officer, within two months from the end of the month in which such order of the Transfer Pricing Officer is received by him.
(6) Nothing contained in sub-sections (1) , (1A) and (2) shall apply to the following classes of assessments, reassessments and recomputation which may, subject to the provisions of sub-sections (3), (5) and (5A), be completed—
(i) where the assessment, reassessment or recomputation is made on the assessee or any person in consequence of or to give effect to any finding or direction contained in an order under section 250, section 254, section 260, section 262, section 263, or section 264 or in an order of any court in a proceeding otherwise than by way of appeal or reference under this Act, on or before the expiry of twelve months from the end of the month in which such order is received or passed by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner, as the case may be; or
(ii) where, in the case of a firm, an assessment is made on a partner of the firm in consequence of an assessment made on the firm under section 147, on or before the expiry of twelve months from the end of the month in which the assessment order in the case of the firm is passed.
(7) Where effect to any order, finding or direction referred to in sub-section (5) or sub-section (6) is to be given by the Assessing Officer, within the time specified in the said sub-sections, and such order has been received or passed, as the case may be, by the income-tax authority specified therein before the 1st day of June, 2016, the Assessing Officer shall give effect to such order, finding or direction, or assess, reassess or recompute the income of the assessee, on or before the 31st day of March, 2017.
(8) Notwithstanding anything contained in the foregoing provisions of this section, sub-section (2) of section 153A or sub-section (1) of section 153B or section 158BE, the order of assessment or reassessment, relating to any assessment year, which stands revived under sub-section (2) of section 153A or sub-section (5) of section 158BA, shall be made within a period of one year from the end of the month of such revival or within the period specified in this section or sub-section (1) of section 153B or section 158BE, whichever is later.
(9) The provisions of this section as they stood immediately before the commencement of the Finance Act, 2016, shall apply to and in relation to any order of assessment, reassessment or recomputation made before the 1st day of June, 2016:
Provided that where a notice under sub-section (1) of section 142 or sub-section (2) of section 143 or section 148 has been issued prior to the 1st day of June, 2016 and the assessment or reassessment has not been completed by such date due to exclusion of time referred to in Explanation 1, such assessment or reassessment shall be completed in accordance with the provisions of this section as it stood immediately
Explanation 1.—For the purposes of this section, in computing the period of limitation—
(i) the time taken in reopening the whole or any part of the proceeding or in giving an opportunity to the assessee to be re-heard under the proviso to section 129; or
(ii) the period commencing on the date on which stay on the assessment proceeding was granted by an order or injunction of any court and ending on the date on which certified copy of the order vacating the stay was received by the jurisdictional Principal Commissioner or Commissioner; or
(iii) the period commencing from the date on which the Assessing Officer intimates the Central Government or the prescribed authority, the contravention of the provisions of clause (21) or clause (22B) or clause (23A) or clause (23B), under clause (i) of the first proviso to sub-section (3) of section 143 and ending with the date on which the copy of the order withdrawing the approval or rescinding the notification, as the case may be, under those clauses is received by the Assessing Officer; or
(iv) the period commencing from the date on which the Assessing Officer directs the assessee to get his accounts audited or inventory valued under sub-section (2A) of section 142 and—
(a) ending with the last date on which the assessee is required to furnish a report of such audit or inventory valuation under that sub-section; or
(b) where such direction is challenged before a court, ending with the date on which the order setting aside such direction is received by the Principal Commissioner or Commissioner; or
(v) the period commencing from the date on which the Assessing Officer makes a reference to the Valuation Officer under sub-section (1) of section 142A and ending with the date on which the report of the Valuation Officer is received by the Assessing Officer; or
(vi) the period (not exceeding sixty days) commencing from the date on which the Assessing Officer received the declaration under sub-section (1) of section 158A and ending with the date on which the order under sub-section (3) of that section is made by him; or
(vii) in a case where an application made before the Income-tax Settlement Commission is rejected by it or is not allowed to be proceeded with by it, the period commencing from the date on which an application is made before the Settlement Commission under section 245C and ending with the date on which the order under sub-section (1) of section 245D is received by the Principal Commissioner or Commissioner under sub-section (2) of that section; or
(viii) the period commencing from the date on which an application is made before the Authority for Advance Rulings or before the Board for Advance Rulings under sub-section (1) of section 245Q and ending with the date on which the order rejecting the application is received by the Principal Commissioner or Commissioner under sub-section (3) of section 245R; or
(ix) the period commencing from the date on which an application is made before the Authority for Advance Rulings or before the Board for Advance Rulings under sub-section (1) of section 245Q and ending with the date on which the advance ruling pronounced by it is received by the Principal Commissioner or Commissioner under sub-section (7) of section 245R; or
(x) the period commencing from the date on which a reference or first of the references for exchange of information is made by an authority competent under an agreement referred to in section 90 or section 90A and ending with the date on which the information requested is last received by the Principal Commissioner or Commissioner or a period of one year, whichever is less; or
(xi) the period commencing from the date on which a reference for declaration of an arrangement to be an impermissible avoidance arrangement is received by the Principal Commissioner or Commissioner under sub-section (1) of section 144BA and ending on the date on which a direction under sub-section (3) or sub-section (6) or an order under sub-section (5) of the said section is received by the Assessing Officer; or
(xii) the period (not exceeding one hundred and eighty days) commencing from the date on which a search is initiated under section 132 or a requisition is made under section 132A and ending on the date on which the books of account or other documents, or any money, bullion, jewellery or other valuable article or thing seized under section 132 or requisitioned under section 132A, as the case may be, are handed over to the Assessing Officer having jurisdiction over the assessee,—
(a) in whose case such search is initiated under section 132 or such requisition is made under section 132A; or
(b) to whom any money, bullion, jewellery or other valuable article or thing seized or requisitioned belongs to; or
(c) to whom any books of account or documents seized or requisitioned pertains or pertain to, or any information contained therein, relates to; or
(xiii) the period commencing from the date on which the Assessing Officer makes a reference to the Principal Commissioner or Commissioner under the second proviso to sub-section (3) of section 143 and ending with the date on which the copy of the order under clause (ii) or clause (iii) of the fifteenth proviso to clause (23C) of section 10 or clause (ii) or clause (iii) of sub-section (4) of section 12AB, as the case may be, is received by the Assessing Officer, shall be excluded:
Provided that where immediately after the exclusion of the aforesaid period, the period of limitation referred to in sub-sections (1), (1A), (2), (3) and sub-section (8) available to the Assessing Officer for making an order of assessment, reassessment or recomputation, as the case may be, is less than sixty days, such remaining period shall be extended to sixty days and the aforesaid period of limitation shall be deemed to be extended accordingly:
Provided further that where the period available to the Transfer Pricing Officer is extended to sixty days in accordance with the proviso to sub-section (3A) of section 92CA and the period of limitation available to the Assessing Officer for making an order of assessment, reassessment or recomputation, as the case may be, is less than sixty days, such remaining period shall be extended to sixty days and the aforesaid period of limitation shall be deemed to be extended accordingly:
Provided also that where a proceeding before the Settlement Commission abates under section 245HA, the period of limitation available under this section to the Assessing Officer for making an order of assessment, reassessment or recomputation, as the case may be, shall, after the exclusion of the period under sub-section
(4) of section 245HA, be not less than one year; and where such period of limitation is less than one year, it shall be deemed to have been extended to one year; and for the purposes of determining the period of limitation under sections 149, 154, 155 and 158BE and for the purposes of payment of interest under section 244A, this proviso shall also apply accordingly:
Provided also that where the assessee exercises the option to withdraw the application under sub-section
(1) of section 245M, the period of limitation available under this section to the Assessing Officer for making an order of assessment, reassessment or recomputation, as the case may be, shall, after the exclusion of the period under sub-section (5) of the said section, be not less than one year; and where such period of limitation is less than one year, it shall be deemed to have been extended to one year:
Provided also that for the purposes of determining the period of limitation under sections 149, 154 and 155, and for the purposes of payment of interest under section 244A, the provisions of the fourth proviso shall apply accordingly:
Provided also that where after exclusion of the period referred to in clause (xii) the period of limitation for making an order of assessment, reassessment or recomputation, as the case may be, ends before the end of the month, such period shall be extended to the end of such month.
Explanation 2.—For the purposes of this section, where, by an order referred to in clause (i) of sub-section
(6),—
(a) any income is excluded from the total income of the assessee for an assessment year, then, an assessment of such income for another assessment year shall, for the purposes of section 150 and 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; or
(b) any income is excluded from the total income of one person and held to be the income of another person, then, an assessment of such income on such other person shall, for the purposes of section 150 and 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, if such other person was given an opportunity of being heard before the said order was passed.
7. Ins., ibid.
8. Sub. for "nine", ibid.
13. Ins., ibid.
15. Sub. for "Principal Commissioner or Commissioner", ibid.
16. Ins., ibid. as under: "(ii) the period during which the assessment proceeding is stayed by an order or injunction of any court; or"
Note: the Finance Act, 2026 three-month limit for court/appellate-order-driven reassessment operates from 1 April 2026 and is described in the commentary; it is not reflected in the FA-2025 base text above.
C. AUTHORITIES
The authorities establish the strict construction of limitation, the operation of the exclusionary Explanations, and the unresolved 144C/153 interplay.
1. Strict construction; a barred assessment cannot be revived
S.S. Gadgil v. Lal & Co. (1964) 53 ITR 231 (SC)
Court: Supreme Court of India (Constitution Bench).
Held: Once the period of limitation for taking action (there, issuing a notice/initiating proceedings) has expired, the right of the Revenue to assess is extinguished, and a subsequent extension of the limitation period by amendment does not revive a remedy that has already become barred, unless the amending statute expressly so provides with retrospective effect.
Significance: Foundational authority that limitation extinguishes the Revenue's power and that a barred proceeding cannot be revived by later extension — a principle applied throughout section 153 and the reassessment regime.
K.M. Sharma v. ITO (2002) 254 ITR 772 (SC)
Held: A fiscal statute, and particularly a provision extending limitation or imposing a charge, must be strictly construed; a provision is not to be given retrospective operation so as to revive a time-barred proceeding unless the language is clear and explicit.
Significance: Reinforces strict construction of limitation/charging provisions; relied on against attempts to enlarge or revive limitation by implication.
2. Exclusion of time under the Explanations
Auto & Metal Engineers v. Union of India (1998) 229 ITR 399 (SC)
Held: Construing the Explanation excluding time for the purpose of computing the period of limitation for completion of assessment, the Court explained when an assessment is 'made'/'completed' and how the excluded period operates; the limitation runs subject to the statutory exclusions, which must be applied as written.
Significance: Authority on the mechanics of the exclusionary Explanations to section 153 and the meaning of completion of assessment for limitation purposes.
Effect of stay and special audit — principle
Position: Where assessment is stayed by an order of a court, or a special audit under section 142(2A) is directed, the period of stay/audit is excluded in computing limitation under the Explanations to section 153; the burden is on the Revenue to establish the exclusion, and the exclusion is confined to the precise period and contingency specified. A direction for special audit, being one that extends limitation, is scrutinised strictly (see section 142(2A); Sahara India).
Candour note: The operation of each exclusionary limb is fact-specific and elaborated in numerous High Court decisions; the controlling Supreme Court principle is strict, as-written application with the onus on the Revenue.
ACIT v. Shelf Drilling Ron Tappmeyer Ltd. (2025) — Supreme Court split verdict
Issue: Whether the outer limitation in section 153 binds the final assessment order to be passed under section 144C(13) after DRP directions, or whether the section 144C timelines are a self-contained code operating independently of section 153.
Held: A two-Judge Bench of the Supreme Court (B.V. Nagarathna and S.C. Sharma JJ.) delivered a split verdict in 2025 — one view that section 144C operates within the section 153 framework (so a final order beyond the section 153 outer limit is time-barred, as the Bombay High Court had held), the other that the 144C timelines override section 153. The question stands referred for authoritative resolution.
Significance: The current leading authority on the 144C/153 limitation interplay; until settled by a larger Bench, the safer working assumption is that the final order in a DRP case must also respect the section 153 outer limit. (See also section 144C.)
4. Exclusion for special audit and stay — illustrative
VLS Finance Ltd. v. CIT (2016) 384 ITR 271 (SC)
Held: Where a special audit is directed under section 142(2A), the period taken for the audit is excluded in computing the limitation for completion of assessment under the Explanation to section 153; the exclusion operates on its own terms and the assessment completed within the extended time is valid.
Significance: Illustrates the operation of the exclusionary Explanation for special audit; reinforces that the effective limitation is extended by the defined exclusions. (See section 142 for the natural-justice conditions of a 142(2A) direction.)
Compiled for the bharattax.co Treatise on the Income-tax Act, 1961 (as amended by the Finance Act, 2026). Statutory text reproduced from the local Act (base text amended up to the Finance Act, 2025), with the publisher footnote apparatus and amendment-marker brackets removed; Finance Act, 2026 changes are flagged in the commentary. Citations are stated as reported; Tribunal / AAR / High Court orders are flagged. Where a section has not been judicially construed, that is stated candidly and the nearest governing authority is given. This material is for professional reference and is not legal advice.
CHAPTER XIV — PROCEDURE FOR ASSESSMENT
Section 153 — Time Limit for Completion of Assessment, Reassessment and Recomputation
Case Laws & Commentary · Income-tax Act, 1961 (as amended by the Finance Act, 2026) · bharattax.co Treatise
Status: Live, central. Prescribes the outer time-limits for completing assessments under sections 143/144 and reassessments under section 147, the limits for giving effect to appellate/revisional/court orders and set-aside cases, and the Explanations excluding specified periods (stays, special audit, references, etc.) from the computation.
FA 2026: The Finance Act, 2026 prescribes that a reassessment notice/order to give effect to a finding or direction of a court or appellate authority must be issued within three months from the end of the quarter in which the certified copy of the relevant order is received by the jurisdictional Principal Commissioner/Commissioner (a refinement read with sections 148/149/150).
Recent amendments: The base assessment period has been compressed over successive Finance Acts (presently twelve months from the end of the relevant assessment year for regular assessments, with extensions for TP references and other contingencies).
A. SECTION COMMENTARY
Section 153 is the master limitation provision for assessment. It fixes the period within which an order under section 143 or 144 must be made, the period for reassessment/recomputation under section 147, and the periods for fresh assessments consequent on set-aside, and for giving effect to orders of appellate authorities, the Tribunal, courts, the Settlement Commission, etc. The Explanations exclude defined periods — for example, the time during which assessment is stayed by a court, the period of a special audit under section 142(2A), the time taken on a reference to the Valuation Officer or for exchange of information, and the period of the DRP process — so that the effective limitation is extended by these exclusions.
The governing principles are well-settled. Limitation provisions are to be strictly construed; once an assessment is barred by limitation, it cannot be revived, and a barred proceeding confers no jurisdiction. The exclusions in the Explanations operate only on their own terms and the burden is on the Revenue to bring a case within an exclusion. A distinct and currently-contested question is whether the section 153 outer limit also binds a final order to be passed under section 144C(13) after DRP directions — on which the Supreme Court has delivered a split verdict (Shelf Drilling, 2025), pending authoritative resolution.
B. STATUTORY POSITION (verbatim text)
Reproduced from the local Act (base text to the Finance Act, 2025). Section 153 is lengthy; the sub-sections fixing the periods and the Explanations providing the exclusions are set out as printed.
153. (1) No order of assessment shall be made under section 143 or section 144 at any time after the expiry of twenty-one months from the end of the assessment year in which the income was first assessable:
Provided that in respect of an order of assessment relating to the assessment year commencing on the 1st day of April, 2018, the provisions of this sub-section shall have effect, as if for the words "twenty-one months", the words "eighteen months" had been substituted:
Provided further that in respect of an order of assessment relating to the assessment year commencing on—
(i) the 1st day of April, 2019, the provisions of this sub-section shall have effect, as if for the words "twenty-one months", the words "twelve months" had been substituted;
(ii) the 1st day of April, 2020, the provisions of this sub-section shall have effect, as if for the words "twenty-one months", the words "eighteen months" had been substituted:
Provided also that in respect of an order of assessment relating to the assessment year commencing on *** the 1st day of April, 2021, the provisions of this sub-section shall have effect, as if for the words "twenty-one months", the words "nine months" had been substituted:
Provided also that in respect of an order of assessment relating to the assessment year commencing on or after the 1st day of April, 2022, the provisions of this sub-section shall have effect, as if for the words "twenty-one months", the words "twelve months" had been substituted.
(1A) Notwithstanding anything contained in sub-section (1), where a return under sub-section (8A) of section 139 is furnished, an order of assessment under section 143 or section 144 may be made at any time before the expiry of twelve months from the end of the financial year in which such return was furnished.
(1B) Notwithstanding anything in sub-section (1), where a return is furnished in consequence of an order under clause (b) of sub-section (2) of section 119, an order of assessment under section 143 or section 144 may be made at any time before the expiry of twelve months from the end of the financial year in which such return was furnished.
(2) No order of assessment, reassessment or recomputation shall be made under section 147 after the expiry of nine months from the end of the financial year in which the notice under section 148 was served:
Provided that where the notice under section 148 is served on or after the 1st day of April, 2019, the provisions of this sub-section shall have effect, as if for the words "nine months", the words "twelve months" had been substituted.
(3) Notwithstanding anything contained in sub-sections (1) , (1A) and (2), an order of fresh assessment or fresh order under section 92CA, as the case may be, in pursuance of an order under section 250 or section 254 or section 263 or section 264, setting aside or cancelling an assessment, or an order under section 92CA, as the case may be, may be made at any time before the expiry of nine months from the end of the financial year in which the order under section 250 or section 254 is received by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner or, as the case may be, the order under section 263 or section 264 is passed by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner, as the case may be :
Provided that where the order under section 250 or section 254 is received by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner or, as the case may be, the order under section 263 or section 264 is passed by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner, as the case may be, on or after the 1st day of April, 2019, the provisions of this sub-section shall have effect, as if for the words "nine months", the words "twelve months" had been substituted.
(3A) Notwithstanding anything contained in sub-sections (1), (1A), (2) and (3), where an assessment or reassessment is pending on the date of initiation of search under section 132 or making of requisition under section 132A, the period available for completion of assessment or reassessment, as the case may be, under the said sub-sections shall,—
(a) in a case where such search is initiated under section 132 or such requisition is made under section 132A;
(b) in the case of an assessee, to whom any money, bullion, jewellery or other valuable article or thing seized or requisitioned belongs to;
(c) in the case of an assessee, to whom any books of account or documents seized or requisitioned pertains or pertain to, or any information contained therein, relates to, be extended by twelve months.
(4) Notwithstanding anything contained in sub-sections (1), (1A), (2), (3) and (3A), where a reference under sub-section (1) of section 92CA is made during the course of the proceeding for the assessment or reassessment, the period available for completion of assessment or reassessment, as the case may be, under the said sub-sections (1), (1A), (2), (3) and (3A), shall be extended by twelve months.
(5) Where effect to an order under section 250 or section 254 or section 260 or section 262 or section 263 or section 264 is to be given by the Assessing Officer or the Transfer Pricing Officer, as the case may be, wholly or partly, otherwise than by making a fresh assessment or reassessment or fresh order under section 92CA, as the case may be, such effect shall be given within a period of three months from the end of the month in which order under section 250 or section 254 or section 260 or section 262 is received by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner, as the case may be, the order under section 263 or section 264 is passed by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner, as the case may be :
Provided that where it is not possible for the Assessing Officer or the Transfer Pricing Officer, as the case may be, to give effect to such order within the aforesaid period, for reasons beyond his control, the Principal Commissioner or Commissioner on receipt of such request in writing from the Assessing Officer or the Transfer Pricing Officer, as the case may be, if satisfied, may allow an additional period of six months to give effect to the order:
Provided further that where an order under section 250 or section 254 or section 260 or section 262 or section 263 or section 264 requires verification of any issue by way of submission of any document by the assessee or any other person or where an opportunity of being heard is to be provided to the assessee, the order giving effect to the said order under section 250 or section 254 or section 260 or section 262 or section 263 or section 264 shall be made within the time specified in sub-section (3).
(5A) Where the Transfer Pricing Officer gives effect to an order or direction under section 263 by an order under section 92CA and forwards such order to the Assessing Officer, the Assessing Officer shall proceed to modify the order of assessment or reassessment or recomputation, in conformity with such order of the Transfer Pricing Officer, within two months from the end of the month in which such order of the Transfer Pricing Officer is received by him.
(6) Nothing contained in sub-sections (1) , (1A) and (2) shall apply to the following classes of assessments, reassessments and recomputation which may, subject to the provisions of sub-sections (3), (5) and (5A), be completed—
(i) where the assessment, reassessment or recomputation is made on the assessee or any person in consequence of or to give effect to any finding or direction contained in an order under section 250, section 254, section 260, section 262, section 263, or section 264 or in an order of any court in a proceeding otherwise than by way of appeal or reference under this Act, on or before the expiry of twelve months from the end of the month in which such order is received or passed by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner, as the case may be; or
(ii) where, in the case of a firm, an assessment is made on a partner of the firm in consequence of an assessment made on the firm under section 147, on or before the expiry of twelve months from the end of the month in which the assessment order in the case of the firm is passed.
(7) Where effect to any order, finding or direction referred to in sub-section (5) or sub-section (6) is to be given by the Assessing Officer, within the time specified in the said sub-sections, and such order has been received or passed, as the case may be, by the income-tax authority specified therein before the 1st day of June, 2016, the Assessing Officer shall give effect to such order, finding or direction, or assess, reassess or recompute the income of the assessee, on or before the 31st day of March, 2017.
(8) Notwithstanding anything contained in the foregoing provisions of this section, sub-section (2) of section 153A or sub-section (1) of section 153B or section 158BE, the order of assessment or reassessment, relating to any assessment year, which stands revived under sub-section (2) of section 153A or sub-section (5) of section 158BA, shall be made within a period of one year from the end of the month of such revival or within the period specified in this section or sub-section (1) of section 153B or section 158BE, whichever is later.
(9) The provisions of this section as they stood immediately before the commencement of the Finance Act, 2016, shall apply to and in relation to any order of assessment, reassessment or recomputation made before the 1st day of June, 2016:
Provided that where a notice under sub-section (1) of section 142 or sub-section (2) of section 143 or section 148 has been issued prior to the 1st day of June, 2016 and the assessment or reassessment has not been completed by such date due to exclusion of time referred to in Explanation 1, such assessment or reassessment shall be completed in accordance with the provisions of this section as it stood immediately
Explanation 1.—For the purposes of this section, in computing the period of limitation—
(i) the time taken in reopening the whole or any part of the proceeding or in giving an opportunity to the assessee to be re-heard under the proviso to section 129; or
(ii) the period commencing on the date on which stay on the assessment proceeding was granted by an order or injunction of any court and ending on the date on which certified copy of the order vacating the stay was received by the jurisdictional Principal Commissioner or Commissioner; or
(iii) the period commencing from the date on which the Assessing Officer intimates the Central Government or the prescribed authority, the contravention of the provisions of clause (21) or clause (22B) or clause (23A) or clause (23B), under clause (i) of the first proviso to sub-section (3) of section 143 and ending with the date on which the copy of the order withdrawing the approval or rescinding the notification, as the case may be, under those clauses is received by the Assessing Officer; or
(iv) the period commencing from the date on which the Assessing Officer directs the assessee to get his accounts audited or inventory valued under sub-section (2A) of section 142 and—
(a) ending with the last date on which the assessee is required to furnish a report of such audit or inventory valuation under that sub-section; or
(b) where such direction is challenged before a court, ending with the date on which the order setting aside such direction is received by the Principal Commissioner or Commissioner; or
(v) the period commencing from the date on which the Assessing Officer makes a reference to the Valuation Officer under sub-section (1) of section 142A and ending with the date on which the report of the Valuation Officer is received by the Assessing Officer; or
(vi) the period (not exceeding sixty days) commencing from the date on which the Assessing Officer received the declaration under sub-section (1) of section 158A and ending with the date on which the order under sub-section (3) of that section is made by him; or
(vii) in a case where an application made before the Income-tax Settlement Commission is rejected by it or is not allowed to be proceeded with by it, the period commencing from the date on which an application is made before the Settlement Commission under section 245C and ending with the date on which the order under sub-section (1) of section 245D is received by the Principal Commissioner or Commissioner under sub-section (2) of that section; or
(viii) the period commencing from the date on which an application is made before the Authority for Advance Rulings or before the Board for Advance Rulings under sub-section (1) of section 245Q and ending with the date on which the order rejecting the application is received by the Principal Commissioner or Commissioner under sub-section (3) of section 245R; or
(ix) the period commencing from the date on which an application is made before the Authority for Advance Rulings or before the Board for Advance Rulings under sub-section (1) of section 245Q and ending with the date on which the advance ruling pronounced by it is received by the Principal Commissioner or Commissioner under sub-section (7) of section 245R; or
(x) the period commencing from the date on which a reference or first of the references for exchange of information is made by an authority competent under an agreement referred to in section 90 or section 90A and ending with the date on which the information requested is last received by the Principal Commissioner or Commissioner or a period of one year, whichever is less; or
(xi) the period commencing from the date on which a reference for declaration of an arrangement to be an impermissible avoidance arrangement is received by the Principal Commissioner or Commissioner under sub-section (1) of section 144BA and ending on the date on which a direction under sub-section (3) or sub-section (6) or an order under sub-section (5) of the said section is received by the Assessing Officer; or
(xii) the period (not exceeding one hundred and eighty days) commencing from the date on which a search is initiated under section 132 or a requisition is made under section 132A and ending on the date on which the books of account or other documents, or any money, bullion, jewellery or other valuable article or thing seized under section 132 or requisitioned under section 132A, as the case may be, are handed over to the Assessing Officer having jurisdiction over the assessee,—
(a) in whose case such search is initiated under section 132 or such requisition is made under section 132A; or
(b) to whom any money, bullion, jewellery or other valuable article or thing seized or requisitioned belongs to; or
(c) to whom any books of account or documents seized or requisitioned pertains or pertain to, or any information contained therein, relates to; or
(xiii) the period commencing from the date on which the Assessing Officer makes a reference to the Principal Commissioner or Commissioner under the second proviso to sub-section (3) of section 143 and ending with the date on which the copy of the order under clause (ii) or clause (iii) of the fifteenth proviso to clause (23C) of section 10 or clause (ii) or clause (iii) of sub-section (4) of section 12AB, as the case may be, is received by the Assessing Officer, shall be excluded:
Provided that where immediately after the exclusion of the aforesaid period, the period of limitation referred to in sub-sections (1), (1A), (2), (3) and sub-section (8) available to the Assessing Officer for making an order of assessment, reassessment or recomputation, as the case may be, is less than sixty days, such remaining period shall be extended to sixty days and the aforesaid period of limitation shall be deemed to be extended accordingly:
Provided further that where the period available to the Transfer Pricing Officer is extended to sixty days in accordance with the proviso to sub-section (3A) of section 92CA and the period of limitation available to the Assessing Officer for making an order of assessment, reassessment or recomputation, as the case may be, is less than sixty days, such remaining period shall be extended to sixty days and the aforesaid period of limitation shall be deemed to be extended accordingly:
Provided also that where a proceeding before the Settlement Commission abates under section 245HA, the period of limitation available under this section to the Assessing Officer for making an order of assessment, reassessment or recomputation, as the case may be, shall, after the exclusion of the period under sub-section
(4) of section 245HA, be not less than one year; and where such period of limitation is less than one year, it shall be deemed to have been extended to one year; and for the purposes of determining the period of limitation under sections 149, 154, 155 and 158BE and for the purposes of payment of interest under section 244A, this proviso shall also apply accordingly:
Provided also that where the assessee exercises the option to withdraw the application under sub-section
(1) of section 245M, the period of limitation available under this section to the Assessing Officer for making an order of assessment, reassessment or recomputation, as the case may be, shall, after the exclusion of the period under sub-section (5) of the said section, be not less than one year; and where such period of limitation is less than one year, it shall be deemed to have been extended to one year:
Provided also that for the purposes of determining the period of limitation under sections 149, 154 and 155, and for the purposes of payment of interest under section 244A, the provisions of the fourth proviso shall apply accordingly:
Provided also that where after exclusion of the period referred to in clause (xii) the period of limitation for making an order of assessment, reassessment or recomputation, as the case may be, ends before the end of the month, such period shall be extended to the end of such month.
Explanation 2.—For the purposes of this section, where, by an order referred to in clause (i) of sub-section
(6),—
(a) any income is excluded from the total income of the assessee for an assessment year, then, an assessment of such income for another assessment year shall, for the purposes of section 150 and 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; or
(b) any income is excluded from the total income of one person and held to be the income of another person, then, an assessment of such income on such other person shall, for the purposes of section 150 and 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, if such other person was given an opportunity of being heard before the said order was passed.
7. Ins., ibid.
8. Sub. for "nine", ibid.
13. Ins., ibid.
15. Sub. for "Principal Commissioner or Commissioner", ibid.
16. Ins., ibid. as under: "(ii) the period during which the assessment proceeding is stayed by an order or injunction of any court; or"
Note: the Finance Act, 2026 three-month limit for court/appellate-order-driven reassessment operates from 1 April 2026 and is described in the commentary; it is not reflected in the FA-2025 base text above.
C. AUTHORITIES
The authorities establish the strict construction of limitation, the operation of the exclusionary Explanations, and the unresolved 144C/153 interplay.
1. Strict construction; a barred assessment cannot be revived
S.S. Gadgil v. Lal & Co. (1964) 53 ITR 231 (SC)
Court: Supreme Court of India (Constitution Bench).
Held: Once the period of limitation for taking action (there, issuing a notice/initiating proceedings) has expired, the right of the Revenue to assess is extinguished, and a subsequent extension of the limitation period by amendment does not revive a remedy that has already become barred, unless the amending statute expressly so provides with retrospective effect.
Significance: Foundational authority that limitation extinguishes the Revenue's power and that a barred proceeding cannot be revived by later extension — a principle applied throughout section 153 and the reassessment regime.
K.M. Sharma v. ITO (2002) 254 ITR 772 (SC)
Held: A fiscal statute, and particularly a provision extending limitation or imposing a charge, must be strictly construed; a provision is not to be given retrospective operation so as to revive a time-barred proceeding unless the language is clear and explicit.
Significance: Reinforces strict construction of limitation/charging provisions; relied on against attempts to enlarge or revive limitation by implication.
2. Exclusion of time under the Explanations
Auto & Metal Engineers v. Union of India (1998) 229 ITR 399 (SC)
Held: Construing the Explanation excluding time for the purpose of computing the period of limitation for completion of assessment, the Court explained when an assessment is 'made'/'completed' and how the excluded period operates; the limitation runs subject to the statutory exclusions, which must be applied as written.
Significance: Authority on the mechanics of the exclusionary Explanations to section 153 and the meaning of completion of assessment for limitation purposes.
Effect of stay and special audit — principle
Position: Where assessment is stayed by an order of a court, or a special audit under section 142(2A) is directed, the period of stay/audit is excluded in computing limitation under the Explanations to section 153; the burden is on the Revenue to establish the exclusion, and the exclusion is confined to the precise period and contingency specified. A direction for special audit, being one that extends limitation, is scrutinised strictly (see section 142(2A); Sahara India).
Candour note: The operation of each exclusionary limb is fact-specific and elaborated in numerous High Court decisions; the controlling Supreme Court principle is strict, as-written application with the onus on the Revenue.
3. Interplay of section 153 with section 144C (DRP)
ACIT v. Shelf Drilling Ron Tappmeyer Ltd. (2025) — Supreme Court split verdict
Issue: Whether the outer limitation in section 153 binds the final assessment order to be passed under section 144C(13) after DRP directions, or whether the section 144C timelines are a self-contained code operating independently of section 153.
Held: A two-Judge Bench of the Supreme Court (B.V. Nagarathna and S.C. Sharma JJ.) delivered a split verdict in 2025 — one view that section 144C operates within the section 153 framework (so a final order beyond the section 153 outer limit is time-barred, as the Bombay High Court had held), the other that the 144C timelines override section 153. The question stands referred for authoritative resolution.
Significance: The current leading authority on the 144C/153 limitation interplay; until settled by a larger Bench, the safer working assumption is that the final order in a DRP case must also respect the section 153 outer limit. (See also section 144C.)
4. Exclusion for special audit and stay — illustrative
VLS Finance Ltd. v. CIT (2016) 384 ITR 271 (SC)
Held: Where a special audit is directed under section 142(2A), the period taken for the audit is excluded in computing the limitation for completion of assessment under the Explanation to section 153; the exclusion operates on its own terms and the assessment completed within the extended time is valid.
Significance: Illustrates the operation of the exclusionary Explanation for special audit; reinforces that the effective limitation is extended by the defined exclusions. (See section 142 for the natural-justice conditions of a 142(2A) direction.)
Compiled for the bharattax.co Treatise on the Income-tax Act, 1961 (as amended by the Finance Act, 2026). Statutory text reproduced from the local Act (base text amended up to the Finance Act, 2025), with the publisher footnote apparatus and amendment-marker brackets removed; Finance Act, 2026 changes are flagged in the commentary. Citations are stated as reported; Tribunal / AAR / High Court orders are flagged. Where a section has not been judicially construed, that is stated candidly and the nearest governing authority is given. This material is for professional reference and is not legal advice.