1990 (7) TMI 75

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....rt required the Appellate Tribunal to state a case and to refer, the following question of law: "Whether the Tribunal was justified in its conclusion that the order of rectification was barred by limitation ?" The assessee was a partnership firm. In respect of the years 1968-69 and 1969-70, assessments were made on July 16, 1971, and October 26, 1971, respectively. The Income-tax Officer dir....

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....ailed the orders in appeal on the ground that the exercise of power under section 154 of the Act was barred by limitation as provided under section 154(7). The appellate authority having dismissed the appeals, the assessee preferred appeals before the Appellate Tribunal which accepted the contention of the assessee. The Revenue filed applications under section 256(1) which being rejected, applicat....

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....tation. Learned standing counsel submitted that, the orders of amendment were actually passed within the period of limitation of 4 years from October 16, 1971. Even if the contention of learned standing counsel is accepted, the amendment of the order dated July 16, 1971, is barred by limitation. Learned standing counsel submitted that the orders being set aside on appeal only on the ground o....