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RECTIFICATION OF MISTAKE UNDER SECTION 154

Income Tax - Return of Income and Assessment Procedure - 30 - RECTIFICATION OF MISTAKE - SECTION 154 With a view to rectify any mistake apparent from record, an income-tax Authority referred u/s 116 may:- Amend any order passed by it. Amend any intimation or deemed intimationu/s 143(1). Amend any intimation passed u/s 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 revisionu/s 263 or 264 .....

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ectified:- 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 retrospective amendment of Law- Southern Industrial Corporation Ltd. Versus Commissioner of Income- [2002 (8) TMI 84 - MADRAS High Court]. Section 154(1A):- Rectification can be done for any matter other than th .....

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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), the Commissioner (Appeals) can rectify the mistake if it has been brought to his notice by the assessee or deductor or collector or the Assessing Officer. Successor Commissioner cannot refuse to entertain rectification application in respect of the order pas .....

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ssessment, 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 opportunity of being heard must be given to the assessee. Section 154(4):- Order of rectification :- Where any rectification is made under this section, an order of rectification shall be passed in writing by the Income-tax authority concerned. Refusal to make rectificati .....

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ancing the assessment, etc.:- 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 Officer shall serve on the assessee or the deductor or the collector, as the case may be, a notice of demand in the prescribed form specifying the sum payable, and such notice of demand shall be deemed to be issued u/s 156 and the provision of the Income-Tax Act sha .....

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