2009 (10) TMI 827

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....t Jacinta Zimik Vashai ORDER Per Shri Shailendra Kumar Yadav, JM; This appeal has been filed by the revenue against the order of CIT(A). Hubli dated 12-08-2008 wherein the order passed u/s 154 of the IT Act has been opposed. 2. According to assessee, the AO completed the assessment order u/s 143(3) of the IT Act after making certain additions on 24-03-1998. Thereafter, the company file....

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....- and Sundry Income of Rs.1,03,65,368/. It is proposed to exclude 90% of the above receipts from business profits while working out relief u/s 80HHC, as they do not have any element of turnover in them". 3. Accordingly to assessee as per schedule-13 Rs.12,10,75,364/- has been credited to P & L account and included in the business profits, which comprises of service charges of Rs.9,89,89,462/- A....

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.... assessment order passed u/s 143(3) of the IT Act. In the rectification notice, it was proposed to amend mistakes in the order dated 12-07-2001 in the order passed u/s 154, the order dated 18- 08-2003 has been amended. In this regard, it was submitted that there is no mistake to be rectified either in the order dated 12-07-2001 or 18-08-2003 as they are only consequential orders giving effect to t....

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....the IT Act in the assessment order passed u/s 143(3). It was also reiterated that the assessment passed u/s 154 is barred by limitation and requires to be quashed. The AO erred in passing the order u/s 154, when there was no mistake requires rectification in the order dated 18- 08-2003 and there was only consequential order and the mistake does not arise from that order. So the same should be quas....