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M/S. Hind Wire Industries Ltd vs The Commissioner Of Income Tax, West ... on 20 January, 1995

5. The submission of the L.d A.r that the order has been passed beyond the statutory period of limitation of 4 years has no merit. In the case under consideration the order sought to be amended was passed on 18.02.2005, which is within the time limit specified in sub section 7 of section 154 of the act. Moreover this issue has been settled by the Supreme Court in the case of Hind Wire Industries Ltd vs CIT 212 ITR 639(S.C), where it has been held that the limitation under section 154(7) for rectification within four years from the order sought to be amended does not qualify from the original order as "order" in section 154(7) does not mean original order. It could mean any order including an amended or rectified order. Further non charging of tax ITA No.341/Kol/2010-B-JM M/s.Shree Hanuman Sugar & 7 Industries Limited under 115JA was a clear mistake in the order of the A.O as he was duty bound to compute tax as per the provision laid down u/s. 115JA of the Act. Considering above the ground no 1 & 2 taken by the appellant is dismissed."
Supreme Court of India Cites 21 - Cited by 60 - P B Sawant - Full Document
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