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2009 (11) TMI 551 - HC - Income TaxRevision – Limitation – Amount offered for assessment in year 1979-80 but not included for that year as sum already included in assessment for 1977-78 and assessment affirmed in appeal – Assessing Officer reversing right to assess income in 979-80 if sum ultimately held not taxable in 1977-78 – High Court in 1998 excluding income from assessment in 1977-78 – Consequently reassessment for 1979-80 within four years from date of judgment of High Court, not barred by limitation Once the assessment of the very same amount for 1977-78 is ultimately cancelled by HC in the reference case, the exclusion of the amount in the original assessment for 1979-80 becomes a mistake by virtue of the condition imposed by the Assessing Officer. - In other words, the original assessment for 1979-80 on this issue gets finalized only when this court decided the reference case for the year 1977-78. Therefore, in our view, the original assessment for 1979-80 becomes a mistaken order on account of operation of the judgment of this court with regard to the assessment of the very same amount of refund of excess power charges from the KSEB for the assessment year 1977-78. We, therefore, hold that within four years from the date of judgment of this court in the reference case for 1977-78, the Assessing Officer is entitled to revise the assessment for 1979-80 by virtue of the right reserved for revision of assessment in the original assessment which is extracted above.
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