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2017 (11) TMI 1485 - HC - Income TaxChallenging order passed under Section 264 - since the petitioner was still contesting the additions in the earlier years, they cannot delete those incomes in the assessment years 2003-2004 - petition under Section 154 to rectify the assessment by deleting these amounts with an assurance that in case, they succeed in the Tax Case Appeal pending before this Court for the year 2000-2001 - Held that:- In so far as the relevant assessment year is concerned, viz., 2003-2004, Hon'ble Division Bench, by common Judgment in Rohini Holdings (P) Ltd., V. Commissioner of Income Tax [2011 (8) TMI 700 - MADRAS HIGH COURT], allowed the said appeal and the operative portion of the Judgment reads as follows: “28.In the light of the abovesaid fact, the Tribunal's order as regards the assessment for the asst. yr. 2003-04 in respect of the appeal in Tax Case No.704 of 2009 is set aside and the same is allowed in part, with a direction to the AO to redo the same, taking note that the interest income at ₹ 52.50 lakhs has to be assessed under each of the assessment year starting from 2000-01 onwards.” Thus, the Assessing Officer has to implement the Judgment rendered and the impugned order in this writ petition will not come in the way of the Assessing Officer implementing the direction issued by the Division Bench. Thus, the challenge to the impugned proceedings has become academic
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