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Rectifications

Section

Subject matter

Who can rectify

Time limit

What can be rectified

Remarks

154

  1. Any order passed under the IT Act
  2. Intimation or deemed intimation u/s. 143(1)
  3. Intimation u/s. 200A(1)
  4. Intimation u/s. 206CB(1)

An Income Tax Authority (S. 116)

4 years from the end of the financial year in which order / intimation was passed

Any mistake apparent from the record.

  1. An appeal lies against rectification orders.
  2. An appeal lies against refusal to rectify the mistake.
  3. Regarding disallowance u/s. 43B for want of proof with return, refer Cir No. 669 dt. 25-10-1993 and Cir. No. 688 dt. 23-8-1994.
  4. Rectification order having effect of enhancing liability or reducing refund could be passed only after notice of hearing to the assessee.
  5. Application made on or after 1-6-2001 shall be disposed of within six months from the end of the month in which the application is received by the Authority.

254(2)

Any order passed by ITAT

ITAT

4 years from the date of the order.

W.e.f. 1-6-2014 six months from the end of the month in which the order was passed

— do —

1, 2, & 3 stated above are not applicable.

4 Is same as stated above.

5 Application filed on or after 1-10-1998 shall be accompanied by a fee of ₹ 50.

6 Failure to consider relevant decision of the Apex Court and the jurisdictional HC constitutes mistake apparent, and requires rectification u/s. 254(2). (M/s R J ROLLER FLOUR MILL PVT LTD vs. ITO) (2011-TIOL-208-ITAT-LKW)

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