Section 285 — Other provisions

(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.
(Contd. from page 402)
(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.