TMI Blog2018 (12) TMI 835X X X X Extracts X X X X X X X X Extracts X X X X ..... on 143(3) remains as such and carry forward is hence permitted. There can be no rectification made for the said assessment year for the limitation having expired. Further, even in the subject assessment years, the limitation under Section 154 has expired. The notice as seen from the appeals and the rectification order was first issued on 04.12.1995. The four year period from the end of the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . GOPIKRISHNAN NAMBIAR, SRI. P. GOPINATH AND SRI. RAJA KANNAN JUDGMENT Vinod Chandran, J . The Department is in appeal from an order of the Income Tax Appellate Tribunal raising certain questions of law regarding the sustainability of the Tribunal's order setting aside the rectification under Section 154 of the Income Tax Act, 1961 ('Act', for short) merely ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee had failed to file the return within the time provided under Section 139(1). 3. The subject assessment years in which the rectification was carried out, purportedly to refuse set off of the loss carried forward, of the year 1985-86, are the years 1987-88, 1989-90 and 1990-91. The carry forward of loss as permitted in the assessment year 1985-86 by an assessment completed under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X
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