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2017 (11) TMI 685 - HC - Income TaxSeeking rectification of the rectification order by passed by the Income Tax Settlement Commission - Held that:- Revenue, in the present writ petition, has only challenged the order dated 17th March, 2016 and there is no challenge to the order of the ITSC dated 31st December, 2015 by which the rectification application of the assessee was allowed, accepting the contention of the assessee that interest under Section 234B should be charged only upto the date of order under Section 245D(1) and not upto the order under Section 245D(4) of the Act, as amendment made by enacting sub-section 2A(b) to Section 234B with effect from 1st June, 2015 was not retrospective and would not apply to pending applications. The Revenue would have to challenge this order dated 31st December, 2015 passed by the Principal Bench of the ITSC by filing an appropriate writ petition. In the said petition, reference can be made to the subsequent order dated 17th March, 2016 passed by the ITSC, but as noticed above, this order dated 17th March, 2016 per se cannot be held to be bad in law for the ITSC does not have power to rectify, review or re-examine the order passed in the rectification application.
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