Wipro Limited Vs. Add. CIT (ITAT Bangalore) -
The issue under consideration is whether surcharge and education cess should be levied only in the cases where the non-resident vendors are residents of countries with which the DTAA allows withholding rate of more than 11.33%?...
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JMD Auto India Pvt. Ltd Vs ACIT (ITAT Mumbai) -
The issue under consideration is whether decision based on a debatable point of view can be treated as a mistake apparent from the record?...
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ACIT Vs Shri Sudesh Kumar Gupta (ITAT Jaipur) -
whether CIT(A) is justified in quashing the action of the AO u/s 154 of the Act in applying provision of section 115BBE of the IT Act on undisclosed investment surrendered during the course of survey proceedings?...
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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....
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ACIT Vs Sudesh Kumar Gupta (ITAT Jaipur) -
whether CIT(A) is justified in quashing the action of the AO u/s 154 in applying provision of section 115BBE on undisclosed investment surrendered during the course of survey proceedings?...
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Hello readers, we all understand rectification just as correction in any order passed by Income tax authority concerned so let's review every clause of section 154 in detail with relevant judgement and my significant findings to it....
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Apex Tubes Pvt. Ltd. Vs ITO (ITAT Delhi) -
Merely because assessee has inserted some figures, which are not in coherence with the other figures in the income tax return, there is a mistake apparent from the record, which needs to be rectified. Thus, the lower authorities are not justified in rejecting the application under section 154 of the act of the assessee. Hence, ITAT allow ...
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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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Cessna Garden Developers Pvt. Ltd. Vs ACIT (ITAT Bangalore) -
The issue under consideration is whether deduction under section 80IAB will be allowed against the income of lease/ rental income from development of SEZ irrespective of wrong classification of head of income....
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In Income Tax Act there are various section which are frequently being used by the assesse and assessing officer in their day to day working but still assesse and department is not consensus on various points of various section. Section 154 titled as ‘RECTFICATION OF MISTAKE‘ is also one of those section of the Income [&hellip...
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The process of request for re-sending of CC-Intimation u/s 143(1)/154 and refund is now available in 'Services' option. 1. The option is available once you login into you account on https://incometaxindiaefiling.gov.in/portal/index.do 2. After login click on the main menu Services and sub menu 'CPC intimation Services as shown in pictur...
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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...
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Tata Chemicals Limited Vs JCIT (ITAT Mumbai) -
Since the final assessment orders after amalgamation was passed in the name of non-existent company by the AO, the same was bad in law and therefore, set aside....
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The Bengal Chamber of Commerce & Industry Vs Income-tax Officer (ITAT Kolkata) -
Order under section 143(1) denying benefit of exemption under section 11 in case of granting of deemed registration by CIT after expiry of time limit of six months was contrary to the legal principles and thus, rejection of assessee’s application for rectification under section 154 was invalid....
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Article deals with FAQ related to Rectification of errors in case of return filed online. The article explains about how to file Rectification request, what if you get error in filing rectification u/s 154, What if demand been wrongly raised or refund been processed at lesser amount....
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After the Income Tax Return is processed by CPC, taxpayer receives Intimation at their registered email ID. If the taxpayers request to resend the Intimation, they can simply put request on E-filing portal. The steps to raise the request to resend the Intimation u/s 143(1)/154/16(1)/35: Step 1 Logon to ‘e-Filing’ Portal www.in...
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Late Smt. Gurbachan Kaur Vs DCIT (ITAT Jaipur) -
AO has obtained the necessary approval from the Competent Authority for conversion of the limited scrutiny to comprehensive scrutiny. Accordingly, the issue which is taken up by the AO in the proceedings under section 154 is illegal and void being beyond his jurisdiction to frame the limited scrutiny assessment....
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Anandkumar Jain Vs ITO (ITAT Mumbai) -
Anandkumar Jain Vs ITO (ITAT Mumbai) In the present case, there is no dispute with respect to the fact that the subsequent decision of the Hon’ble Supreme Court in the case of Topman Exports (supra) has decided the issue of deduction under Section 80HHC of the Act on sale proceeds of DEPB license in favour […]...
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The income tax department examines the return of income for its correctness. The process of examining the return by the income tax department is termed as assessment. Amid of massive Income tax administration there are possibilities that the assessee may be aggrieved by the order of the Assessing officer (hereinafter referred as AO). Now ...
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Lakshmi Card Clothing Mfg. Co. (P.) Ltd. Vs DCIT (Madras High Court) -
Lakshmi Card Clothing Mfg. Co. (P.) Ltd. Vs DCIT (Madras High Court) Facts of the case clearly show that the assessee did not make any claim for deduction under Section 80-I of the Act, for the relevant assessment year. Secondly, as pointed out by us in the preceding paragraph, while discussing about the applicability of […]...
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ITO Vs Devendra J Kothari (ITAT Ahmedabad) -
High Court faulted the Tribunal's decision of reducing the penalty as a 'way to bypass the minimum limit' and the Tribunal was in error in granting the relief, the same does not constitute a mistake apparent from the record so as to enable the Tribunal to revisit its decision...
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M/s. Shreeya Welfare Trust Vs ITO (ITAT Hyderabad) -
Conclusion: Since assessee- AOP was a trust formed for the benefit of a sole beneficiary, therefore, applying individual tax rates to assessee-AOP was not a mistake apparent on the face of the record and therefore, it could not be rectified through Section 154....
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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. […]...
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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....
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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 […]...
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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 […]...
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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...
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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...
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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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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 ...
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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....
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M/s City Clinic Pvt. Ltd. Vs. ACIT (ITAT Chandigarh) -
he issue raised by the AO in proceeding under section 154 of the Act is highly debatable and requires the issue to be reconsidered by the AO about applicability of provision of section 115JB of the Act which was not raised by the AO in the original assessment proceeding. Therefore AO has no power to […]...
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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 ...
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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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ACIT Vs Rupam Impex (ITAT Ahmedabad) -
ITAT Ahmedabad held In the case of ACIT vs. Rupam Impex that the AO has justified the mistake on record on the ground that it is attributed to the assessee. The income tax proceedings are not adversarial proceedings....
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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 be duly served upon the taxpayers conce...
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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 which such an application is received, by ei...
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K.S. Venkatesh Vs DCIT (Karnataka High Court) -
Karnataka High Court held In the case of K.S. Venkatesh vs. DCIT that The Hon’ble Apex Court in T.S.Balaram Vs Volkart Brothers and others reported in 1971 (82) ITR 50 has observed that a mistake apparent on the record must be obvious and patent mistake and not something...
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Sandvik Asia Limited Vs Commissioner of Income Tax (OSD) (ITAT Pune) -
Sandvik Asia Limited V/s. CIT (OSD)- ITAT Pune - Interest on the refund is really a part of the refund and interest and refund are not two different things. When the Income-tax Officer has passed the order under section 154 of the Act without granting interest due to the assessee...
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K.K.J. Foundations Vs The Assistant Director of Income (Kerala High Court at Ernakulam) -
In the case of KKJ Foundations vs. ADIT it was held by High court of Kerala that It is a settled proposition of law that rectification is a process by which a mistake is set at right. It thus means correcting an error which was apparent from record ...
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Understanding Rectification of Mistake under Section 154 of Income Tax Act, 1961 There is no doubt that anybody can cause/effect/commit a mistake ‘inadvertently’ while reading, understanding, interpreting & writing, or during drafting, dictating, or taking note, translating from shorthand, typing, computing, etc. Consideri...
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Vinod Kumar Surana Vs I.T.O Ward 56(2) (ITAT Kolkata) -
In the case Vinod Kumar Surana Vs. ITO the Hon’ble Kolkata ITAT held that the fact of withdrawal of deduction u/ 80IB of the Act in the subsequent years when the same were duly granted by the ld. AO in the initial assessment years per se becomes a debatable issue and hence same cannot be dealt in the proceedings u/s 154 ...
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DCIT Vs Loknath Pd. Gupta (ITAT Kolkata) -
Assessee claimed deductions on account of excise duty paid and interest thereon which was originally allowed by AO but subsequently rectified u/s 154 by making addition of the same. ITAT examined the facts...
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Krishak Bharti Coop. Ltd. Vs CIT (Delhi High Court) -
Mistake apparent on the record u/s 154 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 be conceivably two opinions. ...
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Birla Sunlife Insurance Company Ltd. Vs JCIT (ITAT Mumbai) -
Tribunal in this above case decided two debatable issues. Firstly that the mistake can be rectified after assessment attained finality and assessee had accepted the assessment order. The same is decided by the tribunal in the light of decision of apex court. ...
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Income Tax law provides an exhaustive, encyclopedic and compendious machinery to deal with the issues of what can be conceived and what can be believed with regard to the jurisprudence of taxing the subject as a whole. In this profitable and solvent venture of taxing the subject through the route of his due filings with the respective aut...
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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 grievances of taxpayers. It has been a matter of ...
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ACIT Vs M/s Cardinal Drugs Pvt. Ltd. (ITAT Agra) -
In the case of Cardinal Drugs Pvt Ltd.Hon'ble ITAT has observed that there was no scope for the A.O. to have resorted to the provision of Section 154 of the Act for the purpose of enhancing the income of the assessee.by stating as under:- The A.O. on long drawn process of reasoning should not have passed the order under Section154 of the ...
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The DCIT Vs M/s. Hemlata Investment Pvt. Ltd. (ITAT Mumbai) -
Facts of the case show that the assessee filed return of income declaring net income of Rs. 24,14,640/- electronically on 21.10.2007. The return was processed u/s. 143(1) of the I.T. Act. The assessee noticed that credit for advance tax of Rs. 1,10,000/- and TDS of Rs. 5,38,560/- was not allowed to the assessee....
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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 which details like receipt of applications ...
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M/s. Sarraf Export Vs The ITO (ITAT Jodhpur) -
It is settled position of law that where any issue is debatable, it cannot be corrected u/s 154 of the Act. In this regard, the Hon'ble Apex Court in the case of T.S. Balaram ITO v. Volkart Bros. [1971] 82 ITR 50 is relevant wherein an action taken by Assessing Officer u/s 154 of the Act was found to be illegal....
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Chandigarh Vs. Punjab Agro Industries Corporation Ltd. (Punjab and Hariyana High Court) -
In the present case, the Ld. AO made changes in the original order by invoking sec 154 based on evidences and disallowed a certain sum of expenditure which were related to previous years and as told found to be of capital in nature too. On appeal to CIT by the assessee, an order was passed for providing an opportunity of being heard to th...
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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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Commissioner Of Income Tax Vs Keshri Metal Pvt. Ltd. (Supreme Court of India) -
CIT V Keshri Metal Pvt Ltd. (1999) 237 ITR 165 SC- Under the provisions of Section 154 there has to be a mistake apparent from the record. In other words, a look at the record must show there has been an error, and that error may be rectified. Learned counsel for the revenue has not been able to satisfy us that it shows any apparent error...
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Hind Wire Industries Ltd Vs CIT (Supreme Court of India) -
Hind Wire Industries Ltd. V CIT (1995) 212 ITR 639 SC- What falls for consideration in the present case is the interpretation of the expression from the date of the order sought to be amended in sub-section (7) of section 154 as it stood then It is obvious that the word order has not been qualified in any way and it does not necessarily m...
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CIT Vs Lakshmi Prasad Lahkar (Gauhati High Court) -
IT authorities are empowered to amend any order passed by them under the Act with a view to rectifying any mistake apparent from the record. A mistake is an omission made not by design but by mischance. A mistake apparent is a mistake that is manifest. In other words, the mistake must be so plain or obvious that it could be realised wit...
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Hirday Narain Vs Income-Tax Officer (Supreme Court of India) -
Hirday Narain Vs. ITO (Supreme Court) Exercise of power to rectify an error apparent from the record is conferred upon the Income-tax Officer in aid of enforcement of a right. The Income-tax Officer is an officer concerned with assessment and collection of revenue, and the power to rectify the order of assessment conferred upon him to en...
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M. K. Venkatachalaivi, I.T.O and Another Vs Bombay Dyeing and Mfg. Co., Ltd. (Supreme Court of India) -
Held, that the Income-tax Officer was justified in exercising his powers under s. 35 and rectifying the mistake. As a result of, the legal fiction about the retrospective operation of the Amendment Act, the subsequently inserted proviso must be read as....
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