TMI Blog2007 (1) TMI 123X X X X Extracts X X X X X X X X Extracts X X X X ..... der: The Revenue is the appellant. The issue raised in this appeal relates to the assessment year 1986-87. The assessee is a partner of the firm M/s. Hotel ARR. The original assessment on the return filed by the assessee for the said assessment year was completed on October 13, 1987, under section 143(1)(a) of the Act adopting share of loss from the firm as Rs. 5,75,437. But, subsequently, the assessment was sought to be rectified under section 155 of the Income-tax Act, 1961, by order dated November 22, 1989, adopting the share of loss as "nil" on the ground that the firm had filed its return belatedly and the same had been lodged. Aggrieved against the said order, the assessee preferred an appeal before the Commissioner of Income-tax (A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... apt to refer to section 155(1) of the Income-tax Act, 1961, which reads as follows: "155. (1)-Where in respect of any completed assessment of a partner in a firm for the assessment year commencing on the 1st day of April, 1992, or any earlier assessment year, it is found (a) on the assessment or reassessment of the firm, or (b) on any reduction, or enhancement made in the income of the firm under this section, section 154, section 250, section 254, section 260, section 262, section 263 or section 264, or (c) on any order passed under sub-section (4) of section 245D on the application made by the firm, that the share of the partner in the income of the firm has not been included in the assessment of the partner or, if included, is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, where admittedly there was no order of assessment made under section 143(3), in the instant case, the original assessment of the assessee adopting the share of loss was only made under section 143(1)(a) and only after the filing of the return of the firm belatedly and when the same had been lodged, the assessment was sought to be rectified under section 155 adopting the share of loss from the firm as "nil". The facts in the present case are identical to the facts before the Calcutta High Court in the case cited supra and hence, we are in full agreement with the views of the Calcutta High Court in the said case cited supra. Following the same, we hold that rectification of the order of the original assessment invoking section 155 of the A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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