The Tribunal held  that the said Assessment order was clearly a final assessment order and was not in accordance with procedure laid down in section 144C. The procedure laid down under section 144C is to be strictly adhered to and such a non-adherence cannot be cured. Secondly, when there is a violation of the statute and jurisdiction/limitation ceases to exist, the order cannot be cured merely by issuing a corrigendum. If corrigendum is issued after a period of limitation for which jurisdiction to pass order ceases, then it cannot revive limitation. The defect is fatal which cannot be cured even by consent.

Tribunal further held that it is a trite proposition that errors which can be rectified either under section 154 or some error in the printing work for which a corrigendum has been issued, cannot be resorted for curing the defect of jurisdictional nature and if there is an error of jurisdiction or limitation, then same cannot be validated by such an order. Rectification orders can only be exercised in respect of an order which is valid on the date of proposed rectification and if the order itself was void ab initio for want of following the correct procedure of law then such a rectification cannot revive its legality. 

Accordingly, Tribunal held that the proposed corrigendum issued by the AO so as to cure the defect of the original final assessment order is bad in law and same could not have been done and consequently entire subsequent proceedings and final assessment order is held to be invalid being barred by limitation and is hereby quashed.