M. M. PARIKH, INCOME-TAX OFFICER, SPECIALINVESTIGATION CIR vs NAVANAGAR TRANSPORT & INDUSTRIESLTD. & ANR.

The Supreme Court ruled that Section 23A of the Indian Income-tax Act, 1922, is not a charging section and an order made under it does not constitute an 'order of assessment' to which the limitation period under Section 34(3) applies. The Court held that the High Court's interpretation, which deemed the order under Section 23A as an assessment order subject to limitation, was incorrect. Consequently, the proceedings initiated after the expiration of the four-year period were deemed without jurisdiction.