Section 154

Rectification of Mistake under Section 154 of Income Act, 1961

Income Tax - Article discusses about Order which can be rectified under section 154 of Income Tax Act, 1961, Rectification of Income Tax order which is subject to appeal or revision, Initiation of rectification by whom, Time-limit for rectification, The procedure to be followed for making an application for rectification, etc....

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Time Limit to Pass Section 154 Rectification Order – Judicial Precedents

Income Tax - Sub-section (8) of section 154 specifies that rectification application under this section need to be disposed off in a time bound manner (i.e. six months from the end of the month in which application is received)....

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Question Based on Provisions of Sections 154, 263 & 264 of IT Act, 1961

Income Tax - Today we are going to consider problem  based on provisions of Sections Sections 154, 264 & 263  of the Income Tax Act, 1961. PROBLEM :-  Assessment of X Ltd., is completed under Section 143(3) with an addition of Rs. 15.00 Lakhs to the returned income. The assesses-company goes in an appeal before CIT (Appeals). Which […]...

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Section 143(1)(a)(i) intimation not required on commencement of regular Section 143(2) assessment

Income Tax - On commencement of regular assessment proceedings u/s 143(2) of Act , there is no need for intimation u/s 143(1)(a)(i) Where the summary procedure under section 143(1)(a)(i) has been adopted, there is scope available for the revenue to make assessment u/s 143(3) of the Act. But the converse is not available. A regular assessment proceedin...

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How to Raise Income Tax Rectification Request on Portal

Income Tax - How to Raise Income Tax Rectification Request on Portal – FAQs Q.1 When do I need to submit a rectification request? Ans. A request for rectification can be submitted on the e-Filing portal if there is any mistake apparent from record, in an Intimation issued u/s 143(1) or order u/s 154 by the CPC or […]...

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Representation – Challenges in Certain Income Tax Provisions

Income Tax - KSCAA has made a Representation on Challenges in Income Tax Related to Rectification Proceedings, Order Giving Effect, Delay in Processing Of Refund, Delay In Processing Lower Deduction Certificates and Delay in Tax Residency Certificates (TRC) with possible solutions to Principal Chief Commissioner of Income Tax, Karnataka & Goa. Da...

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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...

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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/...

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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)....

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HC directs dept to dispose section 154 Rectification Applications of appellant Within 8 Weeks

Alpha Corp Development Private Limited Vs. Additional/ Joint/ Deputy/ Assistant Commissioner Of Income Tax/ Income Tax Officer (Delhi High Court) - Alpha Corp Development Private Limited Vs. Additional/ Joint/ Deputy/ Assistant CIT/ ITO (Delhi High Court) 1. Present writ petition has been filed seeking direction to the Respondent to decide the six rectification applications preferred by the petitioner under Section 154 of the Income Tax Act, 1...

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HC directs CCIT to pass a reasoned and speaking order

Jamuna Transport Corporation Limited Vs Union of India & Ors (Calcutta high Court) - Jamuna Transport Corporation Limited Vs Union of India & Ors (Calcutta high Court) Petitioner in this writ petition has challenged the impugned order dated May 26, 2017 passed under section 119(2(b) of the Income Tax Act, 1961 (p.165) rejecting its claim for refund on the ground of violation of ...

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Appeal against intimation under section 143(1)(a)/154 is maintainable

Shivganga Drillers Private Ltd. Vs CPC, Income Tax (ITAT Indore) - Shivganga Drillers Private Ltd. Vs CPC, Income Tax (ITAT Indore) Assessee contended That National Faceless Appeal Centre, Delhi erred in rejecting appeal filed by the assessee summarily by stating that appellant has not filed appeal against intimation order u/s 143(1) and tried to take back door ent...

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Invocation of jurisdiction under Section 147 is not alternative to Section 263

Plaza Cable Industries Ltd Vs DCIT (ITAT Delhi) - Plaza Cable Industries Ltd Vs DCIT (ITAT Delhi) The maintainability of jurisdiction under Section 147 of the Act is central to the controversy in the instant case. On perusal of the reasons recorded under Section 148(2) of the Act qua the alleged escapement as reproduced in paragraph 6 above, it is ...

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Late deposit of employees’ contribution of PF deposited before due date of filing ITR allowable

Global Waste Management Cell Pvt. Ltd. Vs Centralised Processing Centre (ITAT Mumbai) - Global Waste Management Cell Pvt. Ltd. Vs Centralised Processing Centre (ITAT Mumbai) The facts in the present case shows that form number 3CD where the statement of particulars required to be furnished u/s 44AB of the income tax act 1961 are prepared by the assessee and is not an audit report. Form...

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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/...

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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...

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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...

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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...

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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...

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Recent Posts in "Section 154"

HC directs dept to dispose section 154 Rectification Applications of appellant Within 8 Weeks

Alpha Corp Development Private Limited Vs. Additional/ Joint/ Deputy/ Assistant Commissioner Of Income Tax/ Income Tax Officer (Delhi High Court)

Alpha Corp Development Private Limited Vs. Additional/ Joint/ Deputy/ Assistant CIT/ ITO (Delhi High Court) 1. Present writ petition has been filed seeking direction to the Respondent to decide the six rectification applications preferred by the petitioner under Section 154 of the Income Tax Act, 1961 (‘the Act’) for Assessment Years...

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HC directs CCIT to pass a reasoned and speaking order

Jamuna Transport Corporation Limited Vs Union of India & Ors (Calcutta high Court)

Jamuna Transport Corporation Limited Vs Union of India & Ors (Calcutta high Court) Petitioner in this writ petition has challenged the impugned order dated May 26, 2017 passed under section 119(2(b) of the Income Tax Act, 1961 (p.165) rejecting its claim for refund on the ground of violation of the principle of natural justice by [&he...

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Appeal against intimation under section 143(1)(a)/154 is maintainable

Shivganga Drillers Private Ltd. Vs CPC, Income Tax (ITAT Indore)

Shivganga Drillers Private Ltd. Vs CPC, Income Tax (ITAT Indore) Assessee contended That National Faceless Appeal Centre, Delhi erred in rejecting appeal filed by the assessee summarily by stating that appellant has not filed appeal against intimation order u/s 143(1) and tried to take back door entry by filing appeal against order u/s 15...

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Invocation of jurisdiction under Section 147 is not alternative to Section 263

Plaza Cable Industries Ltd Vs DCIT (ITAT Delhi)

Plaza Cable Industries Ltd Vs DCIT (ITAT Delhi) The maintainability of jurisdiction under Section 147 of the Act is central to the controversy in the instant case. On perusal of the reasons recorded under Section 148(2) of the Act qua the alleged escapement as reproduced in paragraph 6 above, it is straightaway noticed that the […]...

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Late deposit of employees’ contribution of PF deposited before due date of filing ITR allowable

Global Waste Management Cell Pvt. Ltd. Vs Centralised Processing Centre (ITAT Mumbai)

Global Waste Management Cell Pvt. Ltd. Vs Centralised Processing Centre (ITAT Mumbai) The facts in the present case shows that form number 3CD where the statement of particulars required to be furnished u/s 44AB of the income tax act 1961 are prepared by the assessee and is not an audit report. Form number 3CA is […]...

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Section 154 cannot be invoked on debatable issues

South West Pinnacle Exploration Ltd. Vs ACIT (ITAT Delhi)

South West Pinnacle Exploration Ltd. Vs ACIT (ITAT Delhi) Rectification under section 154 of the Act can only be made when glaring mistake of fact or law has been committed by the officer passing the order becomes apparent from the record. Rectification is not possible if the question is debatable. Moreover, the point which was […]...

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Section 154: Overlooking of mandatory provision of law in original assessment is rectifiable

Shiv Shakti Traders Vs ACIT (ITAT Delhi)

Overlooking the mandatory provision of law in the original assessment is apparent mistake of law which is rectifiable under section 154....

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Rectification of Mistake under Section 154 of Income Act, 1961

Article discusses about Order which can be rectified under section 154 of Income Tax Act, 1961, Rectification of Income Tax order which is subject to appeal or revision, Initiation of rectification by whom, Time-limit for rectification, The procedure to be followed for making an application for rectification, etc....

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Posted Under: Income Tax |

Section 24 interest for construction of commercial property – No Section 24 deduction if no evidence to prove that was ready to let out

Netra Software Technologies P Ltd. Vs ACIT (CPC) (ITAT Bangalore)

Netra Software Technologies P Ltd. Vs ACIT (CPC) (ITAT Bangalore) In the present case, the assessee has not enclosed any evidence along with the return suggesting completion of construction of commercial building and its readiness to let out, as such the ACIT(CPC) denied the interest claimed by the assessee by way of intimation sent to t...

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Section 154 Rectification order cannot be Passed on Debatable Issue

Allied Agencies Vs ITO (ITAT Delhi)

Allied Agencies Vs ITO (ITAT Delhi) Hon’ble Apex Court in the case of TS Balaram Vs. Volkart Brothers 82 ITR 50 (SC) clearly held that a mistake apparent on the record must be an obvious and patent mistake and not something which has to be established by a long drawn process of reasoning on points […]...

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