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TMI Blog2021 (9) TMI 805X X X X Extracts X X X X X X X X Extracts X X X X ..... 1. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in upholding the rectification order passed by the AO u/s 154 of the Act dated June 5, 2016. 2. The CIT(A) failed to appreciate and ought to have held that, rectification of assessment after a period of 4 years from the end of the financial year in which the order sought to be amended was passed, is ab-initio void. 3. The Appellant prays that it be held that rectification of assessment under section 154 of the Act is void ab-initio and/or otherwise bad-in-law. GROUND II: VIOLATION OF THE PRINCIPLES OF NATURAL JUSTICE: 1. On the facts and circumstances of the case and in law, the CIT(A) erred in holding that the rectification made without giving an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rest u/s 234D was wrongly charged and interest u/s 244A was not allowed to the assessee although the same was already allowed by the department while issuing refund previously. Accordingly, the assessment was rectified u/s 154 on 11/06/2014 and refund was issued to the assessee. 3. However, Ld. AO made another rectification since it was seen that interest u/s 244A was granted in excess to the extent of Rs. 1.39 Lacs. It was also noted that interest u/s 234D was wrongly charged. Accordingly, the assessment was again rectified vide order dated 05/06/2018 wherein correct computations were made and a demand of Rs. 3.50 Lacs was raised against the assessee. The computations have been given in para-6 of rectification order dated 05/06/2018. Aggr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of material on record, it could be seen that order giving effect to ITSC order has been passed by Ld. AO on 31/12/2013 and a demand to Rs. 102.21 Lacs has been raised against the assessee. However, the order was rectified u/s 154, at assessee's instance, on 11/06/2014 and fresh computations have been made reducing the demand to Rs. 38.06 Lacs. The demand has been reduced due to reworking of interest u/s 244A and 234D without disturbing the assessed income. The assessee has paid this demand on 04/07/2014. Another rectification has been made in this order on 05/06/2018 raising fresh demand of Rs. 3.50 Lacs against the assessee. This rectification is at the instance of Ld. AO since excess interest was allowed u/s 244A and interest u/s 234D was ..... X X X X Extracts X X X X X X X X Extracts X X X X
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