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2014 (11) TMI 945 - HC - Income TaxRevision u/s 264 - Application for revision was rejected on the ground of delay by the CIT - Earlier the application of rectification rejected by AO – Held that:- The order dated 13 December 2011 of the AO rejecting the rectification application is bereft of any reasons - The AO is obliged to deal with the submissions of the assessee in its rectification application before rejecting the application for rectification - the manner the assessee has been dealt with by the Respondent Revenue is to say the least most unfair - the Authorities under the Act being creatures of Statutes are obliged to follow the statutory periods provided under the Act and cannot set up periods of limitation different from that provided under the Act - the AO while passing the order dated 13 December 2011 on the rectification application has given no reasons whatsoever in support of its conclusion that the intimation dated 21 November 2008 under Section 143(1) of the Act calls for no rectification - It is only when the AO gives reasons in support of his order in the context of the application before him, could the same be tested by higher forums such as the CIT while dealing with an application for revision u/s 264 - the orders of the CIT dated 27 March 2014 and 17 July 2014 passed u/s 264 of the Act is set aside and on a rectification application made - the order dated 13 December 2011 of the AO rejecting the rectification application to Intimation u/s 143(1) is also set aside – thus, the matter is remitted back to the AO – Decided in favour of assessee.
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