On 26.03.2009, a notice u/s 147 I. Tax Act got by the assessee for the A.Y. 2002-2003, and after hearing, Order dated 15.12.2009 by Ld ITO was passed for A.Y. 2007-2008 by not allowing cash credits of some creditors who have not attended office u/s 131 notice in the income of assessee and demand notice was also issued For A.Y. 2007-2008. The assessee appealed and that was accepted by setting aside order dt 15.12.2009 by Ld Commissioner of appeal on the merit ground that it was not fault of assessee if creditors did not appear and all the transactions were through banking channel and all amounts of repaid by a/c payee cheques also. But did not give any reason about notice of A.Y. 2002-2003 while Order is For A.Y. 2007-2008. Now Department is in appeal at tribunal. Assessee also filed cross objection vide Form no. 36 A dated 16.10.2010 in which one of the ground is that Notice is for A.Y.2002-2003 and Assessment Order is For A.Y 2007-2008, so it is null and void. A/r took two adjournments at Tribunal on 06.3.2011 and 30.05.2011. Next Date now is 21.07.2011. In the meantime assessee got on 01.06.2011 ITO letter dated 27.05.2011 calling it CORRIGENDUM that there was mistake in a.y. and it is now rectified that A.Y. 2002-2003 should be read in stead of 2007-2008. Let me know law on this point and any ruling if possible.
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