Section 13:
Time limit for completion of assessment and reassessment.
(1) No order of assessment shall
be made under section 9 or section 10 at any time after the expiration of a period of four years from the
end of the assessment year in which the chargeable expenditure was first assessable, or one year from the
date of the filing of the return or revised return under section 8, whichever is later.
(2) No order of assessment or reassessment shall be made under section 11,--
(a) where the assessment or reassessment is to be made in a case falling within clause (a) of
section 11 for which a notice has been served upon the assessee, at any time after the expiration of a
period of four years from the end of the assessment year in which the said notice was served;
(b) where the assessment or reassessment is to be made in a case falling within clause (b) of
section 11, for which a notice has been served, after the expiration of a period of--
(i) four years from the end of the assessment year in which the chargeable expenditure was
first assessable, or
(ii) one year from the date of service of such notice,whichever is later.
(3) Notwithstanding anything contained in sub-sections (1) and (2), an order of fresh assessment in
pursuance of an order passed under section 21, section 22 or section 23, setting aside or cancelling an
assessment, may be made at any time before the expiry of four years from the end of the financial year in
which the order under section 21 is passed by 1
[the Commissioner, or the order is received by the Chief
Commissioner or Commissioner, as the case may be, under section 22 or section 23] shall be substituted.
(4) The provisions of sub-sections (1) and (2) shall not apply to the assessment or reassessment made
in consequence of, or to give effect to, any finding or direction contained in an order under section 21,
section 22, section 23 2
[or any order of the National Tax Tribunal or of a High Court] or Supreme Court
in a proceeding by way of reference or appeal under this Act or any order of any court in a proceeding
otherwise than by way of an appeal or reference under this Act and such assessment or reassessment may,
subject to the provisions of sub-section (3), be completed at any time.
Explanation.--In computing the period of limitation for the purposes of this section, the period
during which the assessment proceeding is stayed by an order or injunction of any court shall be
excluded.
Notes:
1. Subs. by s. 74, ibid., for "the Commissioner, or, as the case may be, the order under section 22 or section 23 is received by the
Commissioner" (w.e.f. 1-4-1998).
2. Subs. by Act 49 of 2005, s. 30 and the Schedule, for "or any order of a High Court" (w.e.f. 28-12-2005).