TMI Blog2021 (9) TMI 805X X X X Extracts X X X X X X X X Extracts X X X X ..... e has paid this demand on 04/07/2014. Another rectification has been made in this order on 05/06/2018 raising fresh demand of ₹ 3.50 Lacs against the assessee. This rectification is at the instance of Ld. AO since excess interest was allowed u/s 244A and interest u/s 234D was wrongly charged. In this order also, the assessed income has not been disturbed. Therefore, in our opinion, what this order has rectified is the order passed u/s 154 on 11/06/2014 and not the assessment order framed pursuant to the directions of Hon ble ITSC on 31/12/2013. Therefore, as counted from 11/06/2014, the rectification order passed u/s 154 on 05/06/2018 is well within the limitation period of four years (from the end of financial year in which order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ears from the end of the financial year in which the order sought to be amended was passed, is ab-initio void. 3. The Appellant prays that it be held that rectification of assessment under section 154 of the Act is void ab-initio and/or otherwise bad-in-law. GROUND II: VIOLATION OF THE PRINCIPLES OF NATURAL JUSTICE: 1. On the facts and circumstances of the case and in law, the CIT(A) erred in holding that the rectification made without giving an opportunity of being heard to the Appellant is valid. 2. The Appellant prays that it be held that rectification of assessment under section 154 of the Act is void ab-initio and/or otherwise bad-in-law. WITHOUT PREJUDICE TO GROUND NO. I AND II, GROUND III: WRONG COMPU ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and refund was issued to the assessee. 3. However, Ld. AO made another rectification since it was seen that interest u/s 244A was granted in excess to the extent of ₹ 1.39 Lacs. It was also noted that interest u/s 234D was wrongly charged. Accordingly, the assessment was again rectified vide order dated 05/06/2018 wherein correct computations were made and a demand of ₹ 3.50 Lacs was raised against the assessee. The computations have been given in para-6 of rectification order dated 05/06/2018. Aggrieved, the assessee preferred further appeal before Ld. CIT(A). 4. During appellate proceedings, the assessee submitted that since order giving effect to Hon ble ITSC order was passed on 31/12/2013, the rectification order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was rectified u/s 154, at assessee s instance, on 11/06/2014 and fresh computations have been made reducing the demand to ₹ 38.06 Lacs. The demand has been reduced due to reworking of interest u/s 244A and 234D without disturbing the assessed income. The assessee has paid this demand on 04/07/2014. Another rectification has been made in this order on 05/06/2018 raising fresh demand of ₹ 3.50 Lacs against the assessee. This rectification is at the instance of Ld. AO since excess interest was allowed u/s 244A and interest u/s 234D was wrongly charged. In this order also, the assessed income has not been disturbed. Therefore, in our opinion, what this order has rectified is the order passed u/s 154 on 11/06/2014 and not the assessm ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
