Dismissing the appeal of the Revenue the Court held that the AO, while giving effect to the ITAT’s order cannot go beyond the directions of the ITAT and since in this case, the issue of calculation of book profit qua diminution in the value of an asset was not the subject matter of the appeal, the Revenue was not justified in contending that the order is within the time limit. Because u/s. 154(1A) of the Act, the AO can rectify the order in respect of a matter other than the matter which has been considered and decided by the appellate/ revisional authority. In the instant case, since the issue of diminution in value of an asset for calculating book profit was not a subject matter of appeal or revision, the original order u/s. 143(3) of the Act dated 27/02/2004 is the order which can be rectified by the AO and since the order passed in 2004 cannot be rectified after a period of 4 years, the order passed u/s. 154 of the Act dated 29/03/2014 is barred by limitation under section 154(7) of the Act. (AY. 2001 -02 )
PCIT v. Godrej Industries Ltd (2023) 153 taxmann.com 529 ( (Bom.) (HC)
S. 154 : Rectification of mistake -Mistake apparent from the record – Limitation – Book – profit – Order giving effect to appellate order – Issue sought to be rectified not subject matter of appeal – Period of limitation will be reckoned from the date of original assessment order in respect of points not subjected to appellate jurisdiction- Oder passed in 2004 could not be rectified after a period of 4 years, impugned order passed under section 154 dated 29-3-2014 was barred by limitation . [ S. 32 , 115JB , 143(3) . 154(IA ) ]