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2009 (7) TMI 114 - HC - Income TaxRectification of mistake - .AO revised the original order of assessment with a view to withdraw the excess interest. He took the view that the assessee’s return is not complete in all respects as the audit report in Forms Nos. 3CA and 3CD and also the audit report under section 44AB of the Income-tax Act as also the report contemplated under section 619 of the Companies Act were not filed. Therefore, attributing the delay on the part of the assessee excess interest granted by the earlier order was demanded – held that - The net result of the proceedings under section 154 earlier initiated against the assessee as a matter of fact, would be completed in the sense that once he noticed that AO could not have passed an order completing the assessment without deciding this issue and without referring the same to the Chief Commissioner, he would have only cancelled the assessment and then, after obtaining the decision from the Chief Commissioner or the Commissioner, he could have incorporated the same and completed the assessment – The same has been done by the AO – appeal dismissed.
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