Facts
Mr. A received an intimation under Section 143(1) for the relevant assessment year. He realized that the credit of TCS claimed by him was not allowed while processing his return of income. Thereafter, he filed a rectification request in relation to the return filed for the relevant assessment year. However, again the TCS credit wasn’t allowed while processing his rectification request.
Provision of the Act
If any mistake is apparent from the record, the Income-tax authority can rectify such mistake. An order of rectification is required to be passed within a period of 4 years from the end of the financial year in which the order which is sought to be rectified was passed.
However, where an application for rectification is made by the assessee, deductor or collector, income tax authority is required to pass an order rectifying the mistake within a period of 6 months from the end of the month in which the application is received by it, either making the rectification or refusing to allow the claim.
Possible Resolution
Mr. A can take due recourse of the below-mentioned procedure:
Resolution 1: Submit grievance through Grievances Menu
Mr. A can choose to file a grievance on the e-filing portal from the link of Grievances Menu. To submit the grievance, the assessee shall login to the e-filing portal and submit a grievance to the concerned authority with relevant documents and description of grievance.
After submitting the grievance, Mr. A can check the status of his grievance, which can be either of following:
1. Pending: In this case, the taxpayer is required to wait.
2. Has Been Resolved.
3. Has Been Transferred to AO: In this case, the taxpayer is required to visit the jurisdictional assessing officer for the resolution of the grievance.
4. Pending for Documents: The department can always ask the assessee to submit the necessary documents to verify the claim of the assessee. These documents might be required to be uploaded at the e-filing portal or asked to be sent by the post.
Resolution 2: File an appeal or application for revision
Assessee aggrieved by a rectification order having the effect of enhancing the assessment or reducing refund or order refusing to allow claim made by assessee can prefer an appeal before CIT(A) or make an application for revision. However, where the rectification order is passed against assessment orders which were passed by the assessing officer to invoke the provisions of GAAR, the appeal against such rectification order shall be filed with the Income Tax Appellate Tribunal (ITAT).
Author Bio
No order passed by AO on the Application. lf decided to file appeal when the limitation period of 30 days starts?