9911796707
TMI Blog2005 (2) TMI 48X X X X Extracts X X X X X X X X Extracts X X X X ..... ould prohibit the assessing authority from passing an order of rectification within the extended period of limitation. There is no dispute that the period of limitation under the unamended provision had not expired when the amendment was made in the statute - The question referred to the court is, therefore, answered in the negative, i.e., in favour of the Revenue - - - - - Dated:- 2-2-2005 - Judge(s) : D. A. MEHTA., MS. H. N. DEVANI. JUDGMENT The judgment of the court was delivered by D.A. Mehta J.- The Income-tax Appellate Tribunal, Ahmedabad Bench "B", has referred the following question of law for the opinion of this court under section 256(1) of the Income-tax Act, 1961 ("the Act"), at the instance of the Commissioner of Inc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the period of limitation for passing an order of rectification is prescribed under section 154(7) of the Act. That the said provision was amended by the Taxation Laws (Amendment) Act, 1984, with effect from October 1, 1984, but the time-limit of four years from the date of the assessment order had to be taken into consideration and not the amended provision. On the other hand, according to the Revenue, once the provision was amended, the extended period of limitation would apply and if the said amended provision was applied to the facts of the case, the order of rectification under section 154 of the Act was within the period of limitation. The relevant provision before the amendment reads as under: "(7) Save as otherwise provided ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sary to set out the contentions raised on behalf of the Revenue in detail for the simple reason that the issue stands concluded by the decision of this court in the case of CIT v. Royal Motor Car Co. [1977] 107 ITR 753 (Appex.). This court while dealing with a similar issue in relation to imposition of penalty under section 271(1)(c) of the Act has held thus: "... It is well-settled law that as regards matters of procedure, the Legislature can make changes and those changes would apply so far as limitation is concerned to pending proceedings unless a vested right has accrued to any party by reason of the old period of limitation having expired... At least so far as the question of limitation is concerned, it is obvious that the old sect ..... X X X X Extracts X X X X X X X X Extracts X X X X
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