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2018 (11) TMI 432 - AT - Income TaxRectification of mistake - proceedings initiated u/s.154 as barred by limitation - rectifying the assessed income after reducing the claim of setting of brought forward unabsorbed depreciation - Held that:- Order which is sought to be amended or rectified has to be an order which would determine the period of limitation. Here, in this case, the order which is sought to be amended cannot be order dated 02.08.2010, because such an order was strictly circumscribed to the direction and giving effect to the ld. CIT(A) order, wherein the issue relating to deferred tax liability and revaluation reserve for the purpose of computation of book profit was neither an issue nor was his direction. If any, such direction or issue would have been there in such an order of the ld. CIT(A) then perhaps limitation could have been reckoned from the order giving effect to such an appellate order dated 02.08.2010. Here, in this case, AO has raked up completely new issue which ostensibly not falling from order dated 02.08.2010. If at all there was any kind of mistake then it could have been in the original assessment order dated 31.10.2003 for which limitation to pass an order has expired on 31.03.2010. Therefore, the impugned order dated 15.10.2010 is clearly barred by limitation and the order of the CIT(A) is not only correct on facts but also in law. - Decided against revenue
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