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2011 (1) TMI 900 - AT - Income TaxRectification of order - it was submitted by the revenue that a search was conducted in the premises of the assessee on 17-1-2008 under section 132 of the Act. Subsequently, notice under section 153A of the Act was issued on 23-9-2008 and, accordingly, assessment was concluded on 4-12-2009. This fact was, inadvertently, not brought to the notice of the Tribunal by both the parties at the time of the earlier hearing - held that:- If the above plea of the Revenue is accepted, the CIT(A)'s order which is in favour of assessee is untouched. For this reason also, this Miscellaneous Petition filed by the revenue becomes an empty formality and the same cannot be entertained. Further, when an order is passed by the Assessing Officer under section 143(3) of the Act, unless and otherwise barred by law, the appellate proceedings are set into motion by virtue of the Act, if one of the party or either party prefers an appeal. Limitations specified under the Act also come into play. In such circumstances, Tribunal is duty bound to adjudicate the case before it assuming jurisdiction. - Further referring the circular no. 7/2003, petition by revenue dismissed.
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