2021 (9) TMI 805

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....SSESSMENT U/S 154 OF THE ACT IS VOID AB-INITIO : 1. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in upholding the rectification order passed by the AO u/s 154 of the Act dated June 5, 2016. 2. The CIT(A) failed to appreciate and ought to have held that, rectification of assessment after a period of 4 years 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 la....

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....ores under normal provisions and at Rs. 46.92 Crores u/s 115JB of the Act. The assessee pointed out that while passing this order, interest u/s 234D was wrongly charged and interest u/s 244A was not allowed to the assessee although the same was already allowed by the department while issuing refund previously. Accordingly, the assessment was rectified u/s 154 on 11/06/2014 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 Rs. 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 o....

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....nterest u/s 244A in accordance with law after due verification. Still aggrieved, the assessee is in further appeal before us. 7. Upon perusal of material on record, it could be seen that order giving effect to ITSC order has been passed by Ld. AO on 31/12/2013 and a demand to Rs. 102.21 Lacs has been raised against the assessee. However, the order was rectified u/s 154, at assessee's instance, on 11/06/2014 and fresh computations have been made reducing the demand to Rs. 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 Rs. 3.5....