Case Law Details
RELEVANT PARAGRAPH
10. A plain reading of section 154 quoted above reveals that the Assessing Officer has to pass an order amending the assessment within the period of limitation as provided under sub-section (7) . Sub-section (3) of section 154 quoted above makes it obligatory upon the Assessing Officer to give a notice to the assessee and afford reasonable opportunity of being heard if the proposed amendment has the effect of enhancing an assessment or reducing a refund. In this case there is no dispute that the Assessing Officer had issued a notice to the assessee and subsequently the assessee had also given consent to the rectification. Sub-section (4) of section 154 makes it obligatory upon the Assessing Officer to pass an order in writing. Sub-section (6) of section 154 provides that where any amendment has the effect of enhancing the assessment or reducing a refund, the Assessing Officer shall serve a notice of demand in the prescribed form and that such notice shall be deemed to be issued under section 156 and the provisions of the Act shall apply accordingly. Sub-section (7) of section 154 provides for limitation upon the power of the Assessing officer to make an amendment after the expiry of four years from the end of the financial year in which the order sought to be amended was passed. Sub-section (7) of section 154, which provides for limitation, speaks of amendment under that section but does not refer to the notice of demand, which is deemed to be a notice under section 156. It will be useful to compare the provisions of section 154 with section 143(3). Section 143(3) reads as under: –
“Assessment.
143. (1) Where a return has been made under section 139, or in response to a notice under sub-section (1) of section 142,
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I was assessed by faceless assessment centre u/s 147/144/144B for AY 2015-16 on 26.5.2022. Appeal is pending. income tax officer passed an order u/s 154 for mistake in tax calculation. according to me ITO has no power to rectify order passed by Faceless Centre unless approval is obtained from CPC, CIT(Appeals) and Faceless Centre. please advise with citations
Respected Sir,
I have filed a return for AY 2009-10 showing income of Rs. 1311180/- on 16-09-2009. Assessment was made u/s 143(1) on 10-09-2010 but order was received on 14-10-2011. Assessment was made on Rs. 4121800/-. The difference is of Rs. 2810620/-. At the time of filling of return the depreciation of Rs. 2810620/- was in depreceiation head of P & L but due to mistake the schedule was not filled up, so that the addition was made. After receiving the order we have filed application u/s 154 on 17-10-2011 but no order of rectification was received. Appeal is also filed.
Please give your suitable suggetion in this matter that what we can do in this matter as earliest possible.
Thanking you,
please tell me the last date for rectication of income tax return for FY 2009-10
Hello
I have recieved a notice for short deduction of tds and time limit for cit appeals has also lapsed.As apparent from the records it is not short deduction but only the section no has been wrongly quotes in challan and return.please advise what step i can take.
Dear sir,
I submited ITR Return on 30-03-2010 of AY 2009-10. after four months I received notice u/s 143 and show demend of Tax Rs. 16371/- due to Disallowed Depreciation. Then I filled appilcation u/s 154 for allowed depreciation Rs. 130314/- but assessing officer rejection of request for rectification u/s 154.
I exmained My retrun than found that by mistake Income show into Compution Income of Business or Profession Rs. 274524/- and Directly less Depreciaion Rs. 130314/- than taxable amount shown into Compution Rs. 144210/- differece of Compution & P&L Rs. 130314/-. rectify Return will be Income shown into business Head Rs. 144210/- than Add: Depreciation Debited into P&L Rs. 130314/- than Less Depreciation Rs. 130314/-.
Can I Sumbmit rectification of retun Now.
Kindly given sutible answer on this case earlist possible
Thanking You
Dear Sir
we have been served demand notice u/s 201(1)/201(1A), however on the scrutiny of
data it has been found that IT Dept has given credit to our old TAN , which is
not being used at all. Even after filing reply along with relevant supportings the IT Dept has sent us a demand notice. Please let me know , the options available and so that the Dept.reverse the order.
Regards
Rakesh Sinha