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TMI Blog2024 (9) TMI 579X X X X Extracts X X X X X X X X Extracts X X X X ..... evenue in Grounds no.1, 2 and 3, has no merit and it is accordingly dismissed. - Shri V. Durga Rao, Judicial Member And Shri K.M. Roy, Accountant, Member For the Assessee : Ms. Alfiya Rozie For the Revenue : Shri Kailash C. Kanojiya ORDER PER V. DURGA RAO, J.M. The Revenue has filed the captioned appeal challenging the impugned order dated 31/05/2023, passed by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, [ learned CIT(A) ], for the assessment year 2013 14. 2. In its appeal, the Revenue has raised following grounds: 1. On the facts and in the circumstances of the case, the learned CIT(A) erred in holding that the order u/s 154 dated 26/03/2021 is barred by the limitation and quashing the same. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e very provisions laid down in section 154(7) of the Act say as follows:- Save as otherwise provided in section-155 or in sub-section (4) of section 186 по amendment under this section shall be made after the expiry of four years from the end of financial year in which the order sought to be amended was passed. 7.5 The AO has noted that in this case assessee has filed its e-return of income declaring loss of Rs. 11,24,67,751/- on 05/10/2013. Subsequently, the case has been selected for scrutiny through CASS. The assessment was completed on 18/02/2016 by assessing loss at Rs. (10,98,97,162/-). Hon'ble CIT (A) has given the relief to the assessee. Accordingly order under section 250 was passed on 29/10/2019 by assessing loss o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the view that when an order is rectified by an order of rectification u/s. 154 of the Act, the time limit is to be reckoned as per the provisions of Section 154(7) of the Act. The provisions of section 154(7) of the Act makes it clear that except orders u/s. 155 or 186(4) of the Act, no rectification order can be passed after the expiry of 4 years from the date of order sought to be rectified. Thus, the date of original order is the commencing point of limitation even if that order is in between these 4 years being subjected to a rectification on a later date, the commencing point of limitation remains the same date of the original order and not the later date of its subsequent rectification or subsequent application This view is supported ..... X X X X Extracts X X X X X X X X Extracts X X X X
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