The assessee-company filed its revised return of income.  The AO passed the order with addition to the assessee’s declared income invoking section 14A.  The CIT (Appeals) deleted the additions.  On further appeal, the Tribunal remanded the issue pertaining to the fines and penalties and disallowance u/s 14A to the AO for consideration of afresh with specific directions.  Pursuant to the said directions, the JAO passed the order giving effect to the ITAT’s order.  Subsequent to that, the NFAC proceeded to pass another order. 

On Writ, the Hon’ble High Court held that there is no provision under the Act for continuing assessment proceedings after an assessment order is passed, that concluded assessment cannot be opened except by the recourse to specific provisions in this regard including Section 147 and accordingly, the initiation of further proceedings by NFAC held without jurisdiction and the impugned order is set aside.  (AY. 2013-14)