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1987 (2) TMI 448 - SUPREME COURTWhether for purposes of limitation the date of the order of assessment for the year 1975-76 in the instant case should be the date of the original assessment order, i.e., February 7, 1979 or whether it should be the date of the order passed under section 21 of the Act, i.e., January 18, 1980? Held that:- Appeal allowed. Order dated January 18, 1980 has to be treated as an order of assessment even though it is not in the form in which an order of assessment has to be passed and not as an order merely on the question whether the reassessment proceedings under section 21 of the Act should be proceeded with or not. The period of limitation for the application for rectification should, therefore, be calculated from the date of the order under section 21 of the Act. We cannot, therefore, subscribe to the view of the High Court expressed in its observation that since no fresh order of assessment had been passed after examining the accounts of the assessee the "original assessment order should be considered to remain intact as nothing is added or altered in pursuance of the order under section 21 of the Act".
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