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TMI Blog2016 (1) TMI 747X X X X Extracts X X X X X X X X Extracts X X X X ..... o. 3636/Del/2010). Since common issues are involved in all the appeals, we proceed to dispose of the same by a consolidated order. The grounds of appeal raised in ITA No.3635/Del/2010 for AY 2000-01 are as follows: i. That on the facts and circumstances of the case and in law the Ld. CIT(A) erred in directing the A.O. to allow the carry forward of unabsorbed depreciation of Rs. 12,74,14,023/- subject to verification of the figures as shown by the assessee company in the chart with the departmental records. ii. The Ld. CIT(A) has failed to appreciated that the order u/s 143(3)/147 dated 16.03.2005 has attained finality has attained finality with the order of Ld. CIT(A)-XVI, New Delhi, dated 23.12.2005 upholding the action of AO. iii. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 16th March, 2005. Subsequently, the assessee company filed a petition on 5th February, 2009 praying for the rectification of this mistake and this application was dismissed by the Assessing Officer vide his order dated 23rd March, 2009 on the ground that the issue of quantification of brought forward unabsorbed depreciation was not the subject matter of consequential order dated 16th March, 2005. Therefore, the application dated 5th February, 2009 is barred by limitation. Being aggrieved, an appeal was filed before the learned CIT(A) who vide order dated 31st March, 2010 following the decision of Punjab & Haryana High Court in the case of CIT(A) Vs. Haryana Hotels Ltd., 276 ITR 521, wherein it was held that the Assessing Officer was du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m the assessee side. ii) In any case, since the assessee had made an application in this regard, all the more it was necessary for A.O. to allow the correct amount of carry forward of unabsorbed depreciation. 3.2. It is seen that vide order passed u/s 250/143(3) dated 11.06.2002 for A.Y.1998-99 the A.D has granted carry forward of un absorbed depreciation and of losses amounting to Rs. 42,88,50,691/-. Further, vide order passed u/s 250/143(3) dated 16-10-2002 for A.Y. 1999-00 placed at, the A.O. made a set off of RS.5,55,85,067/- from the amount of brought forward losses and unabsorbed depreciation. The appellant submitted detailed chart showing year wise details from the Assessment Year 1986- 87 onwards alongwith copy of Assessment O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me barred. In this regard, the Appellant has relied upon the Judgment of Delhi High Court in the case of CIT vs. Tony Electronics Ltd. (185 Taxman 121) and also of Hon'ble Supreme Court in the case of Hindustan Wires Ltd. vs. CIT (212 ITR 639) holding that Limitation uls 154 is to be counted from the latest order passed and not from the original order. I find force in the submission of the appellant that the reasoning given by A.O. is not in accordance with law and therefore, the rightful claim of appellant cannot be rejected on this ground as well. It may be seen that there were subsequent orders passed by the AO i.e. order dated 20-06-2006 and application filed dated 05-02-2009 and therefore in view of the above said judgment, the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3):..................................................................... (i) [***] (ii) where the assessment, reassessment or recomputation is made on the assessee or any person in consequence of or to give effect to any finding or direction contained in an order under section 250, 254, 260, 262, 263, or 264 or in an order of any court in a proceeding otherwise than by way of appeal or reference under this Act (iii) ................................................................................." 4. From the perusal of the above provisions, it is clear that the Assessing Officer is duty-bound to intimate the losses which are entitled to be carry forward. If the Assessing Officer fails to do so, the right of the respondent assess ..... X X X X Extracts X X X X X X X X Extracts X X X X
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