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2021 (1) TMI 469 - AT - Income TaxRectification u/s 154 - deduction u/s 80IA has been allowed before computing gross total income - assessee filed objection to the notice issued u/s 154 stating that rectification proceedings initiated is time barred - As argued the issue sought to be rectified is a debatable issue and not amenable to proceedings u/s 154 - HELD THAT:- We hold that since computation of deduction u/s 80IA of the I.T.Act was never the subject matter of issue / dispute in any proceeding u/s 263 of the I.T.Act, u/s 254 of the I.T.Act or in A.O.’s order u/s 143(3) r.w.s. 254 of the I.T.Act, limitation u/s 154(7) of the I.T.Act, would have to be reckoned from the date of original assessment order dated 10.02.2005 passed u/s 143(3) of the I.T.Act. Therefore, rectification order dated 28.03.2012 would be barred by limitation u/s 154(7) of the I.T.Act. It is ordered accordingly.
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