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TMI Blog2015 (2) TMI 621X X X X Extracts X X X X X X X X Extracts X X X X ..... was passed, since it talks about “order”, and intimation cannot be termed as order especially when separate provision for amendment of an order and amendment of intimation/deemed intimation is there, therefore, the action of Assessing Officer in rejecting the applications moved under section 154 to amend intimation on the point of limitations, in our considered view, is not just and proper. As such while accepting the appeal of the assessee we set aside the orders of both the authorities and restore the matter back to the file of the Assessing Officer with a direction that he shall consider and decide the application of the assessee on merits and pass order after giving due opportunity of hearing to the assessee. - Decided in favour of asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was informed that the refund of ₹ 18,750/- has been adjusted against the demand for assessment year 2003-04. The assessee thereafter submitted application u/s 154 of the Act on 25.4.2011 which was rejected by the Assessing Officer as per his order dated 18.01.2012 as under:- In this connection, it is informed that the proceeding u/s 143(1) of the I.T. Act was completed on 28.10.2003 and you have filed your rectification application u/s 154 of the I.T. Act on 25.4.2011. Accordingly to section 154(7) of the I.T. Act, no aamendment /under /this section shall be made after the expiry of four years from the end of the financial year in which the order sought to be amended was passed. Therefore, your application for rectification is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or processing of income tax return by the Assessing Officer provisions of section 143(1)(a) and 154(7) of Income-tax Act, 1961 are as under:- Provisions of section 143(1) of Income-tax Act, 1961: 143(1) Where a return has been made u/s 139, or in response to a notice under sub-section (1) of section 142, such return shall be processed in the following manner:- a) The total income or loss shall be computed after making the following adjustment namely:- i) Any arithmetical error in the return; or ii) An incorrect claim, if such incorrect claim is apparent from any information in the return; b) The tax and interest, if any shall be computed on the basis of the total income computed under clause(a): c) The sum payable by, o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 143(3) of Income-tax Act, 1961 and assessment order is passed after assessment u/s 143(3) of Income-tax Act, 1961. That in terms of decision held in the case of CIT Vs. Punjab National Bank 2001) 249 ITR 763 (Delhi) it has been held that an intimation u/s 143(1) cannot be treated to be an order. 2.2 Learned CIT(A) while considering but not accepting the plea of the assessee raised on different counts has concluded to dismiss the appeal while confirming the order of Assessing Officer as per para 6, 6.1 and 6.2 of his order as under:- 6. I have considered the findings recorded by the learned Assessing Officer as per the assessment order, the submissions made by the learned AR and the facts of the case on record. Challenging the action ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ally different facts and circumstances. The question before their lordships in this case was as to whether the ITAT was correct in reaching to the conclusion that the action taken u/s 154 of the Act was not legal after issuance of notice u/s 143(2) of the Act. It was with reference to the aforesaid question that their lordships observed that the intimation u/s 143(1)(a) cannot be treated to be an order of assessment and held that where, after an intimation was sent to the assessee u/s 143(1)(a), the Assessing Officer issued notice u/s 143(2) but, thereafter, by order u/s 154, rectified the intimation, then if any change was permissible to be effected, the same could be done in the assessment u/s 143(3) and not by exercising power u/s 154 to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... We have heard both the sides, considered the material on record and case law cited and find that relevant provisions in relation to time limit for passing rectification order is given under section 154(7), which reads as under:- 154 . (7) Save as otherwise provided in section 155 or sub-section (4) of section 186 no amendment under this section shall be made after the expiry of four years (from the end of the financial year in which the order sought to be amended was passed. And, sub-section 1 of the section 154 reads as under:- 154. (1) With the view to rectifying any mistake apparent form the record an income-tax authority referred to in section 116 may,- (a) amend any other order passed by its under the provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X
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