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2023 (12) TMI 644 - ITAT BANGALORERectification application u/s. 154 - Period of limitation - DR submitted that the assessee did not file rectification application before the AO as per section 154(7) of the Act which is within four years from the date of intimation u/s.143(1) - HELD THAT:- Relying on the judgment of the Hon’ble Supreme Court in the case of Hindware Industries Ltd. [1995 (1) TMI 415 - SUPREME COURT] we uphold the order of the CIT(Appeals) that the rectification application filed by the assessee is within time as per section 154(7) of the Act. For determining the limitation period u/s. 154(7), the AO has adopted the date of the order u/s. 143(1) as his starting point. He has however ignored the fact that the final response from the CPC is dated 04-12-2018 which was in turn in response to objection raised by the assessee against the demand. We further note that the CIT(Appeals) has remitted the issue back to the AO for verifying the claim of assessee of brought forward losses and allow the same. We find no infirmity in the order of the CIT(Appeals). Appeal by the revenue is dismissed.
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