2025 (11) TMI 655

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....No.282/Bang/2017 for the Assessment Year 2002-03 dated 11.01.2021. 2. The following substantial questions of law are admitted on 04.02.2022. "(i) Whether on the facts and in the circumstances of the case, the tribunal is right in law in holding that computation of deduction under Section 80I was never the subject matter of issue in any proceeding and as such limitation under Section 154(7) of the Act would have to be reckoned from the date of original assessment order dated 0.02.2005 passed under Section 143(3) of the Act and as such rectification order passed by assessing authority dated 28.03.2012 would be barred by limitation ignoring that entire assessment has merged with appellate order where under the statute, the appellat....

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....the order of the Commissioner under Section 263 of the Act and the order of the ITAT passed order under Section 143(3) read with Section 254 of the Act on 20.10.2011. The Assessment Order dated 20.10.2011 determined the tax liability in conformity with the directions of the Commissioner. Thereafter, the Assessing Officer issued notice under Section 154 of the Act to rectify the order dated 20.10.2011 insofar as the deduction granted under Section 80IA of the Act of Rs.80.55 Crores. The Assessing Officer, under an order dated 28.03.2012, rectified the order of assessment dated 20.10.2011, withdrawing the deduction of Rs . 80.55 Crores under Section 80IA of the Act. 5. This order of rectification was the subject matter of appeal before the....

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....riginal Assessment Order dated 10.02.2005, deduction under Section 80IA of Rs.80.55 Crores was allowed. The said assessment order was subjected to review under Section 263 of the Act only insofar as two issues. The Assessing Officer is empowered to pass an order giving effect to revision order under Section 263 and the order of the ITAT only in respect of those two issues subject matter of the order under Section 263. 8. It is the submission of learned Senior Counsel that under the guise of rectifying the order dated 20.10.2011, the Assessing Officer is attempting to withdraw the benefit under Section 80IA, granted in the order dated 10.02.2005. Hence, the rectification sought to be made is to the order dated 10.02.2005 and not the order....