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An application for rectification should be deemed to have been granted if the concerned authority had not responded on petition or has not rejected in writing within specified time

An application for rectification should be deemed to have been granted, if the concerned authority had not responded on petition or has not rejected in writing within specified time - Income Tax - Direct Tax Code - DTC - By: - CA DEV KUMAR KOTHARI - Dated:- 9-4-2016 - Links for related articles by author: https://www.taxmanagementindia.com/print/print_Article.asp?ID=6697 Rectification of mistake apparent from records- a rarely useful remedy for tax payers in spite of clear provisions- whether re .....

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ssed on petition u/s 154, within specified period. The relevant provisions for an application by assessee , so far concerning time bound duty of the office are reproduced below ( from sub-sections (2) and (8) of s.154 ): (2) Subject to the other provisions of this section, the authority concerned- (a) xxxx (b) shall make such amendment for rectifying any such mistake which has been brought to its notice [by the assessee or by the deductor] [or by the collector ], and where the authority concerne .....

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hich the application is received by it,- We find that the language used and procedural provisions of Section 154 are similar to S.12AA relating to order on an application for registration. Can an application for rectification be deemed to have been granted? Author has firm view that if the Assessing Officer (AO) or any other authority before whom a valid petition for rectification of an order is made, is no rejected in a written order communicate to the applicant, within the specified time, then .....

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ew that this require reconsideration because an applicant should not suffer for inaction of authority. Ground reality: Ground reality faced by tax payers and practioners is that when a period of six months is lapsed, the assessee himself make another petition giving reference of earlier petition or the tax authority says that earlier petition is time barred, and insists upon assessee to make another petition, then only authority consider. Just to maintain goodwill and good relations in other wor .....

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on is received. The general promise as per the Citizens Charter , service delivery standard in respect of deciding rectification application is two months. In Instruction No. 3/2013 dated 05-07-2013 (F. No. 225/76/2013/ITA.II), the Central Board of Direct Taxes has also stipulated just 2 months for disposal of rectification applications filed under Section 154 of the Income-tax Act- 1961. However, as discussed by author in earlier articles, the tax authorities have very casual approach towards r .....

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