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of <h1>AO cannot use Section 154 rectification to alter issues outside Section 263 direction; Section 154(7) limitation starts from 10.02.2005</h1> <h3>Pr. Commissioner of Income Tax-2, Bangalore., The Assistant Commissioner of Income Tax, Circle -4 (1) (1), Bengaluru. Versus M/s. Karnataka Power Corporation Limited.</h3> HC held that the AO could not use a Section 154 rectification of the 20.10.2011 order to alter issues not subject to the Section 263 direction, ... Revision u/s 263 - Donation of Assets AND Loss of assets - scope of rectification u/s 154 to rectify the order beyond 263 HELD THAT:- There are two assessment orders on record. First, the original assessment under Section 143(3) dated 10.02.2005. Second order is dated 20.10.2011 passed pursuant to the direction of the Commissioner under Section 263 and the order of the ITAT dated 16.05.2008. The assessee has declared income. In the original assessment order dated 10.02.2005, the additions were made only in relation to Rs. 83,59,608/- towards provision for bad debts. The said order of assessment was subjected to revision under Section 263. The order u/s 263 is in respect of two issues. Firstly, donation of assets of Rs. 2,18,08,292/-. Secondly, loss of assets of Rs. 2,19,73,292/-. The deduction claimed by the assessee under Section 80IA in the original return of income was not disturbed in the Assessment Order dated 10.02.2005. Though the AO is contending that the mistake has crept in the order dated 20.10.2011, in-effect, the AO is attempting to rectify the order dated 10.02.2005. The scope of rectification u/s 154 to rectify the order dated 20.10.2011 cannot go beyond the subject issues of 263 order. Undisputedly, deduction under Section 80IA was not subject matter of either 263 proceedings or in appeal before the ITAT. In that view, the only inference that can be drawn is that the deduction allowed in the order of assessment dated 10.02.2005 is sought to be rectified under the guise of rectifying the order dated 20.10.2011. As the order sought to be rectified is dated 10.02.2005, the limitation under Section 154(7) is to be reckoned from 10.02.2005. If the limitation of 4 years as prescribed under Section 154(7) is computed from 10.02.2005, the rectification order dated 28.03.2012 is barred by limitation. The ITAT appreciating the order that is sought to be rectified has rightly held that the limitation has to be computed from 10.02.2005 i.e., date of the first Assessment Order. ISSUES PRESENTED AND CONSIDERED 1. Whether a rectification under Section 154 of the Income Tax Act can be validly invoked to alter a deduction (under Section 80IA) that was originally allowed in an earlier assessment order, when the intervening assessment order giving effect to a Section 263 direction is limited in scope and the deduction was not the subject matter of the Section 263 proceedings or the subsequent appeal? 2. Whether the limitation period under Section 154(7) is to be reckoned from the date of the original assessment order (which granted the deduction) or from the date of the later order passed pursuant to Section 263 directions and appellate proceedings, for the purpose of determining whether a rectification order is time-barred? ISSUE-WISE DETAILED ANALYSIS - Issue 1: Scope of rectification under Section 154 when earlier order granted deduction not subject to Section 263 Legal framework: Section 154 permits rectification of a mistake apparent from the record in an assessment order. An assessing officer implementing directions under Section 263 and an appellate order may pass a consequential order, but the scope of such consequential orders is limited to the matters remitted or directed to be reconsidered. Precedent Treatment: The Court treated established principles regarding scope of powers under Section 263 and the limited nature of consequential orders as applicable; no contrary precedent was overruled. The Court followed the principle that an assessing officer cannot in exercise of Section 154 effect changes beyond the scope of the matter legitimately before him under the implementing order. Interpretation and reasoning: The Court analysed the record and found two distinct assessment orders: the original assessment (where the Section 80IA deduction was allowed) and the later order passed to give effect to the Section 263 direction and ITAT decision (limited to two specified issues). The deduction under Section 80IA was neither part of the Section 263 revision nor part of the appeal to the ITAT. Therefore, any attempt in a Section 154 exercise to withdraw that deduction was in substance an attempt to revisit the earlier assessment order beyond the permissible scope of rectification of the later order. The Court concluded that Section 154 cannot be used as a vehicle to alter parts of an earlier assessment that were not subject to the revision/appeal which produced the later order. Ratio vs. Obiter: Ratio - Rectification under Section 154, when sought to operate on an order passed pursuant to limited Section 263 directions, cannot be used to alter aspects of the original assessment that were not within the scope of the Section 263 proceedings or subsequent appeal. Obiter - None material beyond the necessary reasoning. Conclusion: The rectification order purporting to withdraw the Section 80IA deduction (which was not the subject matter of the Section 263 proceedings or the appeal) was impermissible because it attempted to amend the original assessment by indirect means beyond the scope of the implementing order. ISSUE-WISE DETAILED ANALYSIS - Issue 2: Computation of limitation under Section 154(7) - date from which limitation runs Legal framework: Section 154(7) prescribes the time-limit within which an assessing officer may rectify an order under Section 154; the limitation is computed from the date of the order sought to be rectified. Precedent Treatment: The Court adhered to the established position that the limitation period for rectification is anchored to the order which is in substance sought to be rectified, irrespective of subsequent mechanically consequential orders, and that the true nature of the order sought to be rectified determines the starting point for limitation. Interpretation and reasoning: Given the Court's finding that the rectification sought to operate upon the original assessment order (which allowed the Section 80IA deduction) rather than being confined to the later limited order implementing the Section 263 direction, the limitation under Section 154(7) must be reckoned from the date of the original assessment (10.02.2005). The rectification was dated 28.03.2012; computing the prescribed four-year limitation from the original assessment date rendered the rectification order time-barred. The Court rejected the revenue's contention that limitation should run from the later order date (20.10.2011), observing that such a view would permit circumvention of the statutory limitation by cloaking a substantive change to the earlier order as a rectification of a later implementing order. Ratio vs. Obiter: Ratio - For limitation under Section 154(7) the relevant start date is the date of the order which is, in substance, being rectified; where the rectification in substance targets an earlier order, limitation must be computed from that earlier order. Obiter - The Court's remarks cautioning against using Section 154 as a device to bypass limitation are explanatory but flow directly from the ratio. Conclusion: The rectification order was barred by limitation because the order in substance being rectified was the original assessment dated 10.02.2005, and the four-year period of Section 154(7) expired before the rectification dated 28.03.2012. Cross-Reference and Consolidated Conclusion Both issues are interlinked: the impermissible scope of rectification (Issue 1) determines which order is in substance being rectified, and that determination governs the computation of limitation (Issue 2). The Court concluded that the assessing authority, by invoking Section 154 against the later order, was in effect attempting to revise the earlier assessment in respect of a deduction not within the scope of Section 263 or the appellate proceedings; consequently the rectification was time-barred under Section 154(7). The Court answered the substantial questions of law in favor of the taxpayer and against the revenue, dismissing the revenue's appeal.
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