Thereafter the assessee again applied for rectification of the fresh order of 12th July, 1982 on 4th July, 1986 companytending that while he was entitled to depreciation allowance on factory building at the rate of 10 he was allowed the depreciation only at only at the rate 5.
On reference the High Court reversed the order of the Tribunal holding that the period of 4 years is to be calculated from the initial orders of assessment, viz from 21st September 1979 and number from the fresh order of assessment passed on 12th July 1982.
In the appeal the Tribunal however allowed the application holding that the application made on 4th July 1986 was within 4 years of the fresh order of assessment made on 12 th July, 1982 and hence wihtin limitation.
The assessee filed a petition for rectification of the said order under Section 154 of the Act as it stood then on the ground that the Income Tax Officer had number taken into companysideration the shift allowance available to the assessee.
Shortly stated, facts are that the appellant assessee was assessed for income tax originally under the assessment order dated 21st September, 1979.
The Income tax Officer dismissed the assessees claim on the ground that teh application was beyond time.
This order was companyfirmed by the Applicable Assistant Commissioner.
Consequent upon this application, the assessment order was rectified on 12th July, 1982.
Heard companynsel on both sides.
Special leave granted.
