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TMI Blog2017 (11) TMI 2050X X X X Extracts X X X X X X X X Extracts X X X X ..... has mentioned in his order that the order is passed to give the effect to the order of CIT(A) s order. However, in fact the rectification has been made in respect of mistake committed by him in the order passed u/s. 143(3) dated 28/15/2007. Accordingly, we do not find any infirmity in the order of CIT(A) for holding that the order passed u/s. 154 was time barred under the provisions of Section 154(7) of the Act. The issue under consideration is also squarely covered by the decision Sakseria Cotton Mills Limited [ 1979 (2) TMI 17 - BOMBAY High Court ] wherein it was held that rectification of mistake- period of limitation u/s. 154(7) will apply from the date of original order of the ITO and not from the date of ITO s order giving effect to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant had preferred an appeal against the assessment order. The CIT(A) decided the appeal partially in favour of the assessee vide order dated 19.10.2010. The AO vide an order dated 02.02.2011 gave effect to the order passed by the CIT(A). Thereafter, the AO passed an order u/s. 154 dated. 20.01.2014. 6. Aggrieved by the A.O.'s rectification order, the assessee had filed an appeal before CIT(A). 7. By the impugned order, CIT(A) held that order passed by the AO u/s. 154 was time barred. Precise observation of CIT(A) was as under:- "3.2. The facts of the case, stand taken by the AO and the submission made by the appellant are considered. On a perusal of the order appealed against, it is clear that the AO has referred to the order giv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tation has to be reckoned from the end of the financial year 2007-08. It is evident that the validity of the jurisdiction u/s. 154 of the Act, for determining the tax liability u/s. 115JB of the Act, has expired on 31.03.2012 and therefore it is hereby held that the AO did not have the jurisdiction to pass rectification order on 20.01.2014. Since the order passed by the AO is found to be beyond the period of limitation, imposed u/s. 154(7) of the Act, the order dated 20.1.2014 passed u/s. 154 of the Act is hereby anulled" 8. Against the above order of CIT(A), Revenue is in further appeal before us. 9. We have considered rival contentions and carefully gone through the orders of the authorities below and found from record that AO has recti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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