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2017 (11) TMI 2050 - ITAT MUMBAIRectification u/s 154 - period of limitation - validity of action of the CIT(A) in holding that order passed by the AO u/s. 154 was time barred - HELD THAT:- While framing the assessment order, AO has not computed income of assessee u/s. 115JB. This omission was identified at a subsequent date accordingly AO has passed the order to rectify the same. The impugned order so passed by the AO was dated 21/01/2014, which is much beyond the limitation period to be reckoned from the end of the Financial Year 2007-08. Even though AO has mentioned in his order that the order is passed to give the effect to the order of CIT(A)’s order. However, in fact the rectification has been made in respect of mistake committed by him in the order passed u/s. 143(3) dated 28/15/2007. Accordingly, we do not find any infirmity in the order of CIT(A) for holding that the order passed u/s. 154 was time barred under the provisions of Section 154(7) of the Act. The issue under consideration is also squarely covered by the decision Sakseria Cotton Mills Limited [1979 (2) TMI 17 - BOMBAY High Court] wherein it was held that rectification of mistake- period of limitation u/s. 154(7) will apply from the date of original order of the ITO and not from the date of ITO’s order giving effect to the AAC’s order in respect of points not the subject matter of the order u/s. 154. No infirmity in the order of CIT(A).
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