2003 (7) TMI 270

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....sessment made by the AO and also order passed under s. 154 of the Act, dt. 29th Aug., 1997. As common issues are involved, these appeals were heard together and are being disposed of through this consolidated order for the sake of convenience. 2. The main ground of appeal raised by the Revenue is as under: "On the facts and in the circumstances of the case, the CIT(A) has erred in annulling ....

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....roceeded to make assessment in pursuance of order under s. 263 of the Act. This assessment was made on 18th March, 1997. The AO found a mistake apparent from record in the above order and accordingly rectified the above order vide his order under s. 154 of the Act, dt. 29th Aug., 1997. 5. The assessee impugned above order in appeal before the CIT(A) who took note of decision of Tribunal and hel....

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....It has rightly been cancelled by the CIT(A). Same is the position of order passed under s. 154 of the Act. 7. We fail to understand as to what was the purpose of making this totally unauthorised and illegal assessment in pursuance of non-existing order under s. 263. As per learned Departmental Representative's own submission, the matter is pending before the Hon'ble High Court in a reference ap....