9911796707
TMI Blog2006 (11) TMI 196X X X X Extracts X X X X X X X X Extracts X X X X ..... of the appellate order. The appellate order will have no relevance to rectification carried out with reference to the original order of assessment - question referred is answered in favour of the assessee - 44 to 47 of 1992 - - - Dated:- 14-11-2006 - ADARSH KUMAR GOEL and RAJESH BINDAL JJ. Dr. N. L. Sharda for the Commissioner. JUDGMENT 1. The following question of law has been ref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on Ginning and Pressing Factory, New Delhi. The assessment of the said firm was made on December 4, 1979. As a result thereof, the Assessing Officer rectified the share of income of the assessees vide its order dated November 23, 1987. On appeal before the Commissioner of Income-tax (Appeals) objection raised was that the order of rectification beyond four years from the end of the financial year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... date and not from the date of the appellate order. The appellate order will have no relevance to rectification carried out with reference to the original order of assessment. We, thus, agree with the view taken by the Commissioner of Income-tax (Appeals), which was affirmed by the Tribunal with the following observations : "I have given my careful consideration to the rival submissions. Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of four years specified in sub-section (7) of that section being reckoned from the date of the final order passed in the case of the firm." 4. It provides that the assessment of a partner in respect of his share income from a firm can be rectified within a period of four years from the end of the financial year in which assessment or reassessment order was passed in the case of the firm or w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng rectificatory order under section 155(1)/154. I, therefore, do not find any merit in these appeals by the Revenue. 5. Counsel for the Revenue has not been able to persuade this court to take a view contrary to what has been taken by the Tribunal. 6. In view of the above, the question referred is answered against the Revenue and in favour of the assessees. - - TaxTMI - TMITax - Incom ..... X X X X Extracts X X X X X X X X Extracts X X X X
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