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2018 (8) TMI 1642 - AT - Income TaxRectification of mistake - Application of Section 153(2A) - assessee is aggrieved as "there is no case for the Revenue, if Section 153(2A) of the Act is applied, orders passed by the AO, pursuant to the setting aside order of the Tribunal, were within time limit" - Held that:- What we find is that argument taken by the assessee all along was that the applicable Section was Section 153(2A) and not Section 153(3)(ii) of the Act. Ld. Commissioner of Income Tax (Appeals) had accepted this contention. As per the ld. Commissioner of Income Tax (Appeals), the Section that ought have been applied was Section 153(2A) of the Act and not Section 153(3)(ii) of the Act. Observation of the Tribunal is clear in that order of AO, if it was passed within the limit specified in Section 153(2A) of the Act, will be valid. If ld. Assessing Officer takes a view that the order, if construed as passed u/s.153(2A) of the Act, is within the time limit mentioned therein based on the available records, in our opinion he cannot be faulted. In the circumstances, we do not find any mistake in the order of the Tribunal, much less any mistake which is glaring and apparent on the face of the record. - Decided against assessee
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