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Section 154

Latest Articles


Period of limitation prescribed under Income-tax Act, 1961

Income Tax : The Income-tax Act has prescribed time limit in respect of various procedures, applications, etc. (like time limit for filing an a...

November 3, 2023 2718 Views 1 comment Print

Rectification of Mistake Under Section 154: A Comprehensive Guide

Income Tax : Article discusses about Order which can be rectified under section 154 of Income Tax Act, 1961, Rectification of Income Tax order ...

November 2, 2023 214608 Views 29 comments Print

Total Revamp required in process of rectification, stay of collection of taxes & Appeal 

Income Tax : Proposed reforms in tax procedures: shorten rectification processing time, allow partial payment for appeals, and streamline colle...

September 28, 2023 1137 Views 0 comment Print

What to do if rectification request is not considered by Assessing Officer?

Income Tax : If any mistake is apparent from the record, the Income-tax authority can rectify such mistake. An order of rectification is requ...

March 21, 2023 5415 Views 1 comment Print

Section 154: Rectification of Mistake & Section 155: Other Amendments

Income Tax : Apeksha Gupta Sometimes there may be a mistake in any order passed by the Assessing Officer. In such a situation, mistake which is...

January 5, 2023 12396 Views 0 comment Print


Latest News


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 P...

March 15, 2022 6819 Views 2 comments Print

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 defaul...

January 24, 2018 1539 Views 0 comment Print

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, Be...

April 1, 2016 4357 Views 1 comment Print

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 B...

December 7, 2010 639 Views 0 comment Print


Latest Judiciary


Disallowance of deduction u/s. 80P by CPC is beyond the scope of adjustment u/s. 143(1): ITAT Mumbai

Income Tax : ITAT Mumbai held that disallowance made by the CPC u/s. 143(1)(a) of the Income Tax Act on the claim of deduction u/s. 80P of the ...

August 15, 2024 648 Views 0 comment Print

Denying Foreign Tax Credit despite accepted computations is incorrect: Madras HC

Income Tax : The Madras High Court in Thejo Engineering Limited Vs Deputy Director of Income Tax ruled that denying Foreign Tax Credit despite ...

August 14, 2024 258 Views 0 comment Print

Section 2(14): No capital gains tax on Income proceeds from Agricultural Land

Income Tax : Notice under section 148 was issued upon assessee by AO for reassessing the cash deposit as undisclosed income, following approval...

August 13, 2024 438 Views 0 comment Print

Invocation of section 28(iv) unjustifiable when shares are held as investment: ITAT Delhi

Income Tax : ITAT Delhi held that when shares are held as investments, there will be no business income and accordingly provisions of section 2...

July 27, 2024 855 Views 0 comment Print

Reopening Without New Material & on Mere Change of Opinion invalid

Income Tax : Gujarat High Court quashes Income Tax reassessment notice against Deepak Natvarlal Pankhiyani HUF, citing lack of fresh evidence s...

July 17, 2024 294 Views 0 comment Print


Latest Notifications


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, Be...

April 1, 2016 4357 Views 1 comment Print

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

Income Tax : Instruction No. 02/2016 Section 154 of the Act mandates that rectification order shall be passed in writing by the Income Tax auth...

February 15, 2016 2601 Views 0 comment Print

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

Income Tax : Instruction No. 01/2016 section 154 stipulates that where application for amendment is made by assessee/deductor/collector with a...

February 15, 2016 5742 Views 1 comment Print

Expeditious disposal of applications for rectification under section 154

Income Tax : 225/148/2015-ITA-II Expeditious disposal of applications for rectification under section 154 of the Income-tax Act, 1961 (Act) dur...

June 5, 2015 1294 Views 0 comment Print

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

Income Tax : 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/...

July 5, 2013 10166 Views 0 comment Print


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

June 2, 2022 1620 Views 0 comment Print

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 the […]

Section 154 Rectification order cannot be Passed on Debatable Issue

May 10, 2022 1632 Views 1 comment Print

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 […]

ITAT condones 4 Years delay in filing Section 154 Rectification Application

April 19, 2022 3282 Views 0 comment Print

Bansal Propbuild Private Limited Vs CIT (ITAT Jaipur) The Bench observed that the assessee is engaged in agriculture produce and the same was sold during the year under consideration. However the AO has not treated as agriculture income. The assessee has filed application under Section 154 of the Act on 10.01.2019 mentioning therein that the […]

ITAT explains time period for passing of Section 154 Order

April 12, 2022 2709 Views 0 comment Print

ADM Agro Industries Latur & Vizag Pvt. Ltd Vs DCIT (ITAT Delhi) The grievance of the assessee is that impugned order passed by the A.O is illegal and barred by time. Section 154(7) of the Act prescribes the limitations for the passing order u/s 154 of the Act. For the sake of clarity, same is […]

Debatable claim cannot be disallowed by Section 143(1) intimation

April 1, 2022 4473 Views 0 comment Print

What cannot be done u/s. 154 of the Act on the ground of debatability ,cannot be done u/s. 143(1) of the Act to the assessee’s claim on which two views are possible A debatable issue cannot be a subject matter of adjustment u/s. 143(1) of the Act.

Capital receipts mistakenly offered to tax is a mistake apparent on record

March 30, 2022 1059 Views 0 comment Print

ITAT Held that sales tax subsidy is capital receipt mistakenly offered by the assessee as income is mistake apparent on record. Accordingly, appropriate relief/ refund available to assessee.

Representation – Challenges in Certain Income Tax Provisions

March 15, 2022 6819 Views 2 comments Print

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. Date: 10th March, 2022 To, The Principal Chief […]

CPC applied tax rate of 25% instead of Section 115BAA rate of 22% – HC directs CPC to dispose rectification application

March 5, 2022 1878 Views 0 comment Print

. In the present writ petition, it has been averred that though the Petitioner had opted to be taxed under Section 115BAA of the Act, wherein tax rate of 22% has been prescribed, yet the Respondents by the impugned order has applied the tax rate of 25% as mandated under Section 115BA of the Act.

Section 154 rectification application should be disposed off within statutory limitation

February 28, 2022 2394 Views 0 comment Print

Nortel Networks India International INC. Vs Assistant Director of Income Tax CPC (Delhi High Court) 1. By way of the present writ petition, Petitioner seeks directions to the Respondent No. 2 to dispose of within four weeks, Petitioner’s Rectification Application dated 14th May, 2020 granting the consequential TDS credit of Rs.5,51,15,908 due to the petitioner […]

AO must strictly follow time limit of 6 months to decide on Section 154 rectification application

February 28, 2022 2520 Views 0 comment Print

Nokia India Private Limited Vs ACIT (Delhi High Court) Court finds that CBDT instruction No. 2/2013 [F. No. 225/76/2013/ITA.II] dated 5th July, 2013 and Letter [F. No.225/148/2015-ITA-II], dated 5th July, 2015 stipulates that the Assessing Officers must strictly follow the time limit of six months provided under Section 154(8) of the Act in disposing of […]

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