Section 154

Demand U/s 143(1) by Income Tax Dept. & Rectification U/s 154

Income Tax - Income Tax Return filing season for certain class of assessees including individuals not falling under tax audit provisions has just been over and by now the Income Tax Department (the Department) has already started processing of these returns. In fact, return filing and processing thereof are an ongoing process for different class of as...

Read More

All about Rectification of Mistake under Section 154 of Income Tact, 1961

Income Tax - Sometimes there may be a mistake in any order passed by the Assessing Officer. In such a situation, mistake which is apparent from the record can be rectified under section 154. The provisions relating to rectification of mistake under section 154 are discussed in this part....

Read More

Ground Level Difficulties faced by Assessee at Income Tax Department

Income Tax - This article primarily focuses on the difficulties faced by the assesseeabout various procrastinating issues such as rectification order; refund intentionally being adjusted after scrutiny assessment, order giving effect to the order of the appellate authorities etc. at the lower level hierarchy of the Income Tax Department (ITD)and the ...

Read More

How to file Online Income Tax Rectification application u/s 154

Income Tax - Article explains Procedure for Filing Online Request for Rectification of Mistake U/s. 154 of the Income Tax, Prerequisites for Filing Such Application, Common mistakes while filing Rectification, Important Notes before e-Filing Rectification, Tips on filling Income Tax Return to avoid mistakes....

Read More

Rectification of Income Tax Return, Related issues & Solution

Income Tax - Rectification has become easy since switchover to online but it has its own limitation. In this article I will be covering almost every point related to rectification in terms of: 1. Online request for rectification. 2. Required information before filing a rectification application. 3. Mistakes committed while filing a rectification. 4. N...

Read More

AO should accept rectification application related to difference in Form No. 26AS and Amount claimed in ITR

Income Tax - Even after due efforts taken by the Government to ensure compliance relating to filing of TDS returns by the deductors, the defaults on behalf of deductors continue for one or the other reason...

Read More

CBDT requests taxpayer to avail facility for online rectification

Income Tax - Taxpayers who are not satisfied with the outcome of processing of their Income Tax Return by the Centralized Processing Centre, Bengaluru can avail of the facility of online filing and tracking of rectification requests available on http://incometaxindiaefiling.gov.in/...

Read More

I-T Dept introduces new facility for online submission of rectification request

Income Tax - Department introduces new facility for online submission of rectification request in cases where processing was completed by CPC Bangalore. Please review the guide for common errors to first rectify the return submitted and generate the rectification xml using excel utility (same utility is to be used)....

Read More

Disallowance u/s. 40(a)(ia) are outside the jurisdiction of section 154

Sri Sachin Sharma Vs ACIT (ITAT Ranchi) - Sri Sachin Sharma Vs ACIT (ITAT Ranchi) A perusal of provisions of section 194C of the Act shows that a person is liable to deduct TDS when a contract for work is of an amount more than Rs.30,000/- or where payment for work is made to a person more than Rs.75,000/- during the financial year. [&helli...

Read More

Sec. 154 rectification can be invoked in case order of assessment inconsistent with a binding precedent.

Hindustan Lever Limited Vs JCIT (Calcutta High Court) - Where an assessment order not in tuned with the law laid down by a binding precedent, it would amount to an error apparent on the record for the purpose of invoking rectification under section 154....

Read More

Addition of debatable nature cannot be subject of Section 154 rectification

ACIT Vs Shri Punit J. Patel (Bombay High Court) - ACIT Vs Shri Punit J. Patel (ITAT Mumbai)  In application u/s.154 of the Act, the assessee has asked for rectifying the addition made of long term capital gains on sale of shares of Tripex overseas as undisclosed income. It is the assessee’s claim that the AO has made addition of Rs.3,86,192/- al...

Read More

HUF cannot be a partner in partnership firm; Belated return cannot be revised

Ajay Kumar Gupta (HUF) Vs ACIT (ITAT Delhi) - Ajay Kumar Gupta (HUF) Vs ACIT (ITAT Delhi) In our considered opinion, the Assessing Officer has rightly invoked section 154 because the assessee wanted to take benefit of the notification issued by the CBDT. In the present case, as per judicial precedents, the HUF itself cannot become a partner in ...

Read More

Non-consideration of decision of jurisdictional High Court is mistake apparent from record

Vijay Sachdev Vs JCIT (ITAT Delhi) - Vijay Sachdev Vs JCIT (ITAT Delhi) It is well settled law that non-consideration of decision of Jurisdictional High Court is mistake apparent from record. Ld. Counsel for the assessee, therefore, rightly contended that Ld.CIT(A) did not follow the judgement of the Jurisdictional High Court and shall...

Read More

CBDT requests taxpayer to avail facility for online rectification

NA - (01/04/2016) - Taxpayers who are not satisfied with the outcome of processing of their Income Tax Return by the Centralized Processing Centre, Bengaluru can avail of the facility of online filing and tracking of rectification requests available on http://incometaxindiaefiling.gov.in/...

Read More

Dispose Rectification Application U/s. 154 in writing : CBDT

Instruction No. 02/2016 - (15/02/2016) - Instruction No. 02/2016 Section 154 of the Act mandates that rectification order shall be passed in writing by the Income Tax authorities. Therefore, on consideration of the matter, the Board hereby directs that all rectification applications must be disposed of after passing an order in writing, to...

Read More

Pass Rectification Order U/s 154 within 6 Months: CBDT

Instruction No. 01/2016 - (15/02/2016) - Instruction No. 01/2016 section 154 stipulates that where application for amendment is made by assessee/deductor/collector with a view to rectify any mistake apparent from record, the income-tax authority concerned shall pass an order, within a period of six months from the end of the month in whic...

Read More

Expeditious disposal of applications for rectification under section 154

225/148/2015-ITA-II - (05/06/2015) - 225/148/2015-ITA-II Expeditious disposal of applications for rectification under section 154 of the Income-tax Act, 1961 (Act) during the Financial Year 2015-16 - reg.- Union Finance Minister in his key-note address has also exhorted the Income-tax Department to be prompt in redressing the grievance...

Read More

Rectification U/s. 154 – CBDT procedure for receipt & disposal

INSTRUCTION NO. 3/2013 - (05/07/2010) - INSTRUCTION NO. 3/2013 Hon'ble Delhi High Court vide Judgment in case of Court On its Own Motion v. UOI and Ors. in W.P. (C) 2659/2012 dated 14.03.2013 has issued several Mandamuses for necessary action by income-tax Department one of which is regarding maintenance of "Rectification Register" in whi...

Read More

Recent Posts in "Section 154"

Disallowance u/s. 40(a)(ia) are outside the jurisdiction of section 154

Sri Sachin Sharma Vs ACIT (ITAT Ranchi)

Sri Sachin Sharma Vs ACIT (ITAT Ranchi) A perusal of provisions of section 194C of the Act shows that a person is liable to deduct TDS when a contract for work is of an amount more than Rs.30,000/- or where payment for work is made to a person more than Rs.75,000/- during the financial year. […]...

Read More

Sec. 154 rectification can be invoked in case order of assessment inconsistent with a binding precedent.

Hindustan Lever Limited Vs JCIT (Calcutta High Court)

Where an assessment order not in tuned with the law laid down by a binding precedent, it would amount to an error apparent on the record for the purpose of invoking rectification under section 154....

Read More

Addition of debatable nature cannot be subject of Section 154 rectification

ACIT Vs Shri Punit J. Patel (Bombay High Court)

ACIT Vs Shri Punit J. Patel (ITAT Mumbai)  In application u/s.154 of the Act, the assessee has asked for rectifying the addition made of long term capital gains on sale of shares of Tripex overseas as undisclosed income. It is the assessee’s claim that the AO has made addition of Rs.3,86,192/- alleged to be bogus […]...

Read More

HUF cannot be a partner in partnership firm; Belated return cannot be revised

Ajay Kumar Gupta (HUF) Vs ACIT (ITAT Delhi)

Ajay Kumar Gupta (HUF) Vs ACIT (ITAT Delhi) In our considered opinion, the Assessing Officer has rightly invoked section 154 because the assessee wanted to take benefit of the notification issued by the CBDT. In the present case, as per judicial precedents, the HUF itself cannot become a partner in the partnership firm and as […]...

Read More

Demand U/s 143(1) by Income Tax Dept. & Rectification U/s 154

Income Tax Return filing season for certain class of assessees including individuals not falling under tax audit provisions has just been over and by now the Income Tax Department (the Department) has already started processing of these returns. In fact, return filing and processing thereof are an ongoing process for different class of as...

Read More
Posted Under: Income Tax | ,

Non-consideration of decision of jurisdictional High Court is mistake apparent from record

Vijay Sachdev Vs JCIT (ITAT Delhi)

Vijay Sachdev Vs JCIT (ITAT Delhi) It is well settled law that non-consideration of decision of Jurisdictional High Court is mistake apparent from record. Ld. Counsel for the assessee, therefore, rightly contended that Ld.CIT(A) did not follow the judgement of the Jurisdictional High Court and shall have to rectify the mistake in his orde...

Read More

All about Rectification of Mistake under Section 154 of Income Tact, 1961

Sometimes there may be a mistake in any order passed by the Assessing Officer. In such a situation, mistake which is apparent from the record can be rectified under section 154. The provisions relating to rectification of mistake under section 154 are discussed in this part....

Read More
Posted Under: Income Tax |

AO should accept rectification application related to difference in Form No. 26AS and Amount claimed in ITR

Even after due efforts taken by the Government to ensure compliance relating to filing of TDS returns by the deductors, the defaults on behalf of deductors continue for one or the other reason...

Read More
Posted Under: Income Tax |

Notice Mandatory to Pass Rectification Order U/s. 154

Aparna Ashram Vs. ADIT(E) (ITAT Delhi)

In case of M/s. Deepak Agro Food (Supra), the Hon’ble Apex Court dealt with Sec. 29(8)(b) of the Act which is not having similar wordings like that of Sec. 154 (3) of the Act under which it is mandatory to issue notice. As per Section 154(3) of the Act amendment/rectification which has effect of enhancement of an assessment or reducing ...

Read More

AO has no power to review entire assessment order on debatable issues and to make additions in order U/s.154

M/s City Clinic Pvt. Ltd. Vs. ACIT (ITAT Chandigarh)

Hon'ble Supreme Court in the leading case, ITO vs. Volkart Brothers [(1971) 82 ITR 50 (SC)] has held that a mistake apparent on the record must be an obvious and patent mistake and not something which can be established by a long drawn process of reasoning on points on which there may conceivably be two opinions....

Read More

Browse All Categories

CA, CS, CMA (4,059)
Company Law (4,469)
Custom Duty (7,218)
DGFT (3,871)
Excise Duty (4,184)
Fema / RBI (3,625)
Finance (3,843)
Income Tax (29,172)
SEBI (3,065)
Service Tax (3,434)

Search Posts by Date

March 2019
M T W T F S S
« Feb    
 123
45678910
11121314151617
18192021222324
25262728293031