Income-tax Act,1961
Act No : 43
Section :
Rectification of mistake2
154. Rectification of mistake2 3[(1) With a view to rectifying any mistake apparent from the record an income-tax authority referred to, in section 1 16 may,- (a) amend any order passed by it under the provisions of this Act; (b) amend any intimation sent by it under sub-section (1) of section 143, or enhance or reduce the amount of refund granted by it under that sub-section.] 4[(1A) Where any matter has been considered and decided in any proceeding by way of appeal or revision relating to an order referred to in sub-section (1), the authority passing such order may, notwithstanding anything contained in any law for the,, time being in force, amend the order under that sub-section in relation to any matter other than the matter which has been so considered and decided.] (2) Subject to the other provisions of this section, the authority concerned-- (a) may make an amendment under sub-section (1) of its own motion, and (b) shall make such amendment for rectifying any-such mistake which has been brought to its notice by the assessee, and where the authority concerned is the 5[Deputy Commissioner (Appeals)] ----------------------------------------------------------------------- 1 Substituted for "under section 250, 254, 260, 262, 2 63 or 264" by the Direct Taxes (Amendment) Act, 1964, w.e.f. 6-10-1964. 3 Substituted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. Prior to the substitution, sub-section (1), as substituted by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984: "(1) With a view to rectifying any mistake apparent from the record, an income-tax authority referred to in section 116 may amend any order passed by it under the provisions of this Act." Earlier, the original sub-section (1) was amended by the Direct Taxes (Amendment) Act, 1964, w.e.f. 6-10-1964; Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4-1976 and the Finance (No. 2) Act, 1977, w.e.f. 10-7-1978. 4 Inserted by the Direct Taxes (Amendment) Act, 1964, w.e.f. 6-10- 1964. 5 Substituted for "Appellate Assistant Commissioner" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. ----------------------------------------------------------------------- 1.556 1[or the Commissioner (Appeals)], by the 2[Assessing] Officer also. 3[Omitted by the Finance Act, 1994, w.e.f. 1-6-1994.] (3) An amendment, which has the effect of enhancing an assessment or reducing a refund or otherwise increasing the liability of the assessee, shall not be made under this section unless the authority concerned has given notice to the assessee of its intention so to do and has allowed the assessee a reasonable opportunity of being heard. (4) Where an amendment is made under this section, an order shall be passed in writing by the income-tax authority concerned. (5) Subject to the provisions of section 241, where any such amendment has the effect of reducing the assessment, the 4 [Assessing] Officer shall make any refund which may be due to such assessee. (6) Where any such amendment has the effect of enhancing the assessment or reducing a refund already made, the 5[Assessing] Officer shall serve on the assessee a notice of demand in the prescribed form specifying the sum payable, and such notice of demand shall be deemed to be issued under section 156 and the provisions of this Act shall apply accordingly. (7) Save as otherwise provided in section 155 or sub-section (4) of section 186, no amendment under this section shall be made after the expiry of four years 6[from the end of the financial year in which the order sought to be amended was passed.] ---------------------------------------------------------------------- 1 Inserted by the Finance (No. 2) Act, 1977, w.e.f. 10-7-1978. 2 Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 3 Prior to the omission, the proviso, as inserted by the Finance Act, 1992, w.e.f. 14-5-1992, read as under: "Provided that the Assessing Officer shall make an amendment for rectifying any mistake, which has been brought to his notice by the assessee in relation to an intimation referred to in clause (b) of sub-section (1), within a period of three months from the end of the month in which it is so brought to his notice and if no such amendment is made within the said period of three months, the assessee may appeal to the Deputy Commissioner (Appeals) or, as the case may be, Commissioner (Appeals) against such intimation and the provisions of section 246 and section 249 shall have effect as if the said intimation were an order for the purposes of those sections." 4 Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 5 ]bid. 6 Substituted for "from the date of the order sought to be amended" by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-16-1984. ----------------------------------------------------------------------- 1.557 2. Audit objections pointed out by the Revenue Audit parties should be attended to on top priority and Board's letters relating to Audit paras and PAC matters should be replied to within a fortnight of the receipt of the letter. If any date has been fixed for sending the reply it should be sent by the prescribed date. 3. In all cases where a valid application under clause (b) of sub-section (2) of section 154 had been filed by the assessee within the statutory time limit but was not disposed of by the authority concerned within the time limit specified under sub-section (7) of section 154 it may be disposed of by that authority even after the expiry of the statutory time limit on merits and in accordance with law 4. Where an assessee moves an application under section 154 pointing out that in the light of a later decision of the Supreme Court pronouncing the correct legal position, a mistake had occurred in any of the completed assessments in his case the application shall be acted upon provided,the same has been filed within time and is otherwise in order. Where any such applications have already been rejected and the assessee files fresh applications within the statutory time limit the same may also be treated on par with the applications which may either be pending or received after the issue of this circular. 5. Since the word "order" in the expression "from the date of the order sought to be amended" in section 154(7) was not qualified in any way, it did not necessarily mean the original order; it could be any order including the amended or rectified order. [Hind Wire Industries Ltd v CIT (1995) 212 ITR 639 (SC)]
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