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2016 (5) TMI 22 - AT - Income TaxRectification of mistake - rectification of the order passed u/s 201(1) and 201(1A) seeked - Held that:- what is required for adjudication is only the subsequent appeal of the assessee which is filed by him against the order u/s 154 dated 30th April, 2015. The order u/s 154 dated 30th March, 2013 stood modified by the subsequent order passed u/s 154 dated 30th April, 2015. Therefore, in our opinion, no separate adjudication is required with reference to the order u/s 154 dated 30th March, 2013. To that extent, the present appeals filed by the assessee which have originated from the order u/s 154 dated 30th March, 2013 have been rendered infructuous. However, we find some merit in the assessee’s contention that the observation of learned CIT(A) in the order dated 8th December, 2014 wherein he has upheld the order u/s 154 dated 30th March, 2013 may cause prejudice to the case of the assessee while disposing of its appeal against the order u/s 154 dated 30th April, 2015. Therefore, we hold that learned CIT(A) while deciding the appeal against the order u/s 154 dated 30th April, 2015 would not be influenced by any observation or finding given in his order dated 8th December, 2014 but he will decide the appeal afresh uninfluenced by any observation/finding in his order dated 8th December, 2014 Levy of penalty imposed u/s 271C - period of limitation - Held that:- As per clause (c) of Section 275(1), the penalty proceedings were initiated in the course of order u/s 201(1) and 201(1A) dated 27th June, 2008 and the relevant financial year would expire on 31st March, 2009. Six months from the end of the month in which penalty proceedings were initiated would expire on 31st December, 2008. Therefore, the competent authority could have imposed the penalty before the expiry of 31st March, 2009. However, the penalty order has been passed on 2nd March, 2010 which is clearly barred by limitation. We, therefore, respectfully following the decision of Hon'ble Jurisdictional High Court in the case of JKD Capital & Finlease Ltd. (2015 (10) TMI 1281 - DELHI HIGH COURT ) hold that the penalty order passed u/s 271C was barred by limitation
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