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A.O Completed Assessment u/s 144 of Income Tax Act . Can it be rectified under section 154 by Assessee.

A.O Completed Assessment u/s 144 of Income Tax Act . Can it be rectified under section 154 by Assessee.

Reply—Sometimes there may be a mistake in any order passed by the Assessing Officer. In such a situation, mistake which is apparent from the record can be rectified under section 154. The provisions relating to rectification of mistake under section 154 are discussed in this part

Order which can be rectified under section 154 With a view to rectifying any mistake apparent from the record, an income-tax authority may, -

a) Amend any order passed under any provisions of the Income-tax Act.

b) Amend any intimation or deemed intimation sent under section 143(1).

c) Amend any intimation sent under section 200A(1)(*) [section 200A deals with processing of statements of tax deducted at source i.e. TDS return].

d) amend any intimation under section 206CB*.

(*) Under section 200A, a TDS statement is processed after making correction of any arithmetical error in the statement or after correcting an incorrect claim, apparent from any information in the statement Similarly a new section 206CB is inserted by Finance Act, 2015 to provide for the processing of TCS statement. If due to rectification of mistake, the tax liability of the taxpayer is enhanced or refund is reduced, the taxpayer shall be given an opportunity of being heard.

Therefore, order passed u/s 144 can also be rectified u/s 154.

 

Posted Date: May 14, 2020
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