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2012 (5) TMI 255 - HC - Income TaxRecalling of ex parte order of the HC - held that:- when power is exercised under Section 142A, exercise of such power cannot be held to be incompetent on the basis of the Law laid down by the Hon’ble Supreme Court in Amiya Bala Paul (2003 (7) TMI 4 (SC)). In the circumstances, the first contention of the applicant to the effect that the order of this court holding that the order of the Tribunal is incorrect, in view of Amiya Bala Paul, is not sustainable. There is no dispute that the original assessments were made on or before 30th September 2004. There is also no dispute that the matter reached the Tribunal on or before 30th September 2004. At the same time, the judgment of the Tribunal was also rendered before 30th September 2004. However, the fact remains, within the period of limitation, an appeal against the judgment of the Tribunal was preferred before this court. The question in such circumstances is, whether, could it be said that the assessment was made before 30th September 2004. - held that:- it could not be said that the assessment was made before 30th September 2004. It can only be said that the assessments was made on the date when the appeal was decided. Ordered recalled - matter remitted back to the Tribunal.
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