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2014 (1) TMI 1757 - AT - Income TaxRejection of application for rectification - set off of long term brought forward capital loss against the capital gain - Held that:- In the instant case, the order dated 25/01/2011 was passed during the remand proceedings pursuant to the remand order dated 06/01/2011 passed u/s 254(4) of the Act and in terms of directions issued by the Tribunal, therefore, this order can only be a part of the appellate proceedings/order of the CIT(A) and does not assume a character of the independent assessment order for the purpose of section 154 of the Act. Our attention was also invited to the provisions of section 154(1A) of the Act, according to which, a rectification can be sought with respect to any matter other than the matter, which has been so considered and decided by the Appellate Authority meaning thereby the Appellate Authority has jurisdiction to entertain the request of rectification with respect to those matters, which are not subject matter of the appeal before it. Therefore, at the most the assessee could have approached to CIT(A) for such rectification but according to us, he cannot approach the Assessing Officer for rectification in the order passed on 25/01/2011 as it was passed consequent to the directions of the CIT(A) and the Tribunal. Therefore, the limitation can only start from the original assessment order for rectification as the original assessment cannot be called to have been merged with the order dated 25/01/2011 for the purpose of section 154 of the Act. We, therefore, are of the considered view that the CIT(A) has properly adjudicated the issue in the light of various judicial pronouncements and since we do not find any infirmity therein, we confirm his order. - Decide against assessee.
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