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RECTIFICATION OF MISTAKE UNDER SECTION 154

Income Tax - Return of Income and Assessment Procedure - 30 - With a view to rectify any mistake apparent from record, an income-tax Authority referred to in section 116 may. Amend any order passed by it. Amend any intimation or deemed intimation under section 143(1). Amend any intimation passed under section 200A(1) i.e. TDS intimation and section 206CB relating to processing of statement of TCS. The Commissioner is empowered to rectify any order passed by him in revision under section 263 or 2 .....

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istake :- A mistake which can be rectified under section 154 is one which is patent, which is obvious and whose discovery is not dependent on argument or elaboration. The following Mistake which can be rectified:- The mistakes which can be rectified under this section are:- An error of law; or Fact; or A clerical; or Arithmetical mistake; or Error in determining written down value; or Overlooking the obligatory provisions of the Legislature; and Mistake arising as a result of subsequent retrospe .....

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in the appeal/revision can be rectified under section 154. Who can point out the mistake to be rectified [Sec. 154(2)]:- The provisions of section 154(2) are given below- 1. An income-tax authority can rectify the mistake apparent from records on its own. 2. An income-tax authority can rectify any mistake apparent from record if it has been brought to his notice by the assessee or deductor or collector. 3. If there is mistake apparent from record in an order passed by the Commissioner (Appeals), .....

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on Charitable Trust Versus Union of India And Others- [2000 (10) TMI 40- MADHYA PRADESH High Court]. Opportunity of being heard is necessary if rectification results into enhancement, etc [Section 154(3)]:- If such rectification order has the effect of enhancing an assessment, or reducing a refund, or otherwise increasing the liability of the assessee or the deductor of the collector the authority concerned must give a notice to the assessee or the deductor of its intention to do so and an oppor .....

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ng the liability of the assessee or the deductor of the collector, the Assessing Officer shall make any refund which may be due to such assessee or the deductor or the collector. Notice of demand to be issued in case rectification results in to enhancing the assessment, etc. [Section 154(6)]:- Where any such amendment has the effect of enhancing the assessment or reducing a refund already made or otherwise increasing the liability of the assessee or the deductor or the collector, the Assessing O .....

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