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Section 155 of the Income-tax Act, 1961 - Rectification of mistakes - Other amendments - Whether if rectification is carried out as a result of assessment of firm, period of limitation starts from date of assessment of firm and not from date of appellate order passed in case of firm - Held, yes HELD From plain language of section 155, it is clear that in case rectification is carried out in share income of a partner of a firm as a result of the assessment of the firm, period of limitation starts from that date of original assessment of firm and not from the date of the appellate order passed in case of firm. The appellate order will have no relevance to rectification carried out with reference to the original order of assessment. [Para 3] Dr. N.L. Sharda for the Appellant. JUDGMENT 1. Following question of law has been referred for opinion of this Court by the Income-tax Appellate Tribunal, Amritsar Bench, Amritsar arising out of its order dated 30-4-1990 passed in I.T.A. Nos. 608 to 611/ASR./1990, in respect of the assessment year 1977-78. "Whether on the facts and in the circumstance of the case, the Tribunal was right in law in interpreting the word "reduction" and "enhancement" as provided in section 155(1)(b) as not to include such cases which are upheld by the Appellate Authority and thereby holding that action taken by the ITO under section 154/155 is time barred ?" 2. The Assessing Officer made assessments under section 143(1) of the Income-tax Act, 1961 in case of the assessees subject to rectification in relation to their share income from M/s. Mahavir Cotton Ginning and Pressing Factory, New Delhi. The assessment of the said firm was made on 4-12-1979. As a result thereof, the Assessing Officer rectified the share of income of the assessees vide its order dated 23-11-1987. On appeal before the CIT(A) objection raised was that order of rectification beyond 4 years from the end of the financial year in which order in case of the firm was passed was beyond limitation. The CIT(A) accepted this objection which view was upheld by the Tribunal rejecting the objection on behalf of the revenue that finalisation of the assessment of the firm by the CIT(A) was…

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