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Section 154

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20 views4 pages

Section 154

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2082067
Copyright
© © All Rights Reserved
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Rectification of mistake.

61 amend any order63 passed by it under the provisions of this Act ;


154.
62
[(1
)
Wit
ha
vie
w to
recti
fyin
g
any
mist
ake
appa
rent
fro
m
the
reco
rd63
an
inco
me-
tax
auth
ority
refer
red
to in
secti
on
116(
a)
64
[(b) amend any intimation or deemed intimation under sub-section (1) of section 143;]]
65
[(c) amend any intimation under sub-section (1) of section 200A;]
66
[(d) amend any intimation under sub-section (1) of section 206CB.]
may,—
67
[(1 may make an amendment under sub-section (1) of its own motion, and
A)
Wher
e any
matte
r68(a)
(b) shall make such amendment for rectifying any such mistake which has been brought
to its notice by the assessee 69[or by the deductor] 70[or by the collector], and where
the authority concerned is 71[the Joint Commissioner (Appeals) or] the 72[***]
73
[Commissioner (Appeals)], by the 74[Assessing] Officer also.
has been considered and decided in any proceeding by way of appeal or revision relating to an order
referred to in sub-section (1), the authority passing such order may, notwithstanding anything contained
in any law for the time being in force, amend the order under that sub-section in relation to any matter
other than the matter which has been so considered and decided.]
(2) Subject to the other provisions of this section, the authority concerned—
75
[* * *]
(3) An amendment, which has the effect of enhancing an assessment 76 or reducing a refund or
otherwise increasing the liability of the assessee 77[or the deductor] 78[or the collector], shall not be
made under this section unless the authority concerned has given notice to the assessee 77[or the
deductor] 78[or the collector] of its intention so to do and has allowed the assessee 77[or the deductor]
78
[or the collector] a reasonable opportunity of being heard.
(4) Where an amendment is made under this section, an order shall be passed in writing by the income-
tax authority concerned.
79
[(5) Where any such amendment has the effect of reducing the assessment or otherwise reducing the
liability of the assessee or the deductor 80[or the collector], the Assessing Officer shall make any refund
which may be due to such assessee or the deductor 80[or the collector].]
(6) Where any such amendment has the effect of enhancing the assessment 81 or reducing a refund
82
[already made or otherwise increasing the liability of the assessee or the deductor 83[or the collector],
the Assessing Officer shall serve on the assessee or the deductor 83[or the collector], as the case may be]
a notice of demand in the prescribed form specifying the sum payable 84, and such notice of demand
shall be deemed to be issued under section 156 and the provisions of this Act shall apply accordingly.
(7) Save as otherwise provided in section 155 or sub-section (4) of section 186 85 no amendment under
this section shall be made after the expiry of four years 86[from the end of the financial year in which
the order87 sought to be amended was passed.]
88
[(8 making the amendment; or
)
Wit
hout
prej
udic
e to
the
prov
isio
ns
of
sub-
secti
on
(7),
whe
re
an
appl
icati
on
for
ame
ndm
ent
und
er
this
secti
on is
mad
e by
the
asse
ssee
89
[or
by
the
ded
ucto
r]
90
(a)
(b) refusing to allow the claim.]

61. See also Circular No. 68, dated 17-11-1971 (Law subsequently interpreted by Supreme
Court), Circular No. 71, dated 20-12-1971 and Circular No. 73, dated 7-1-1972 (Action by
Assessing Officers), Circular No. 87, dated 19-6-1972 in supersession of Circular No. 81,
dated 26-3-1972 (Action on penalty order after assessment is cancelled or annulled),
Circular No. 581, dated 28-9-1990 and Circular No. 669, dated 25-10-1993 (Allowance of
deductions disallowed earlier), Circular No. 725, dated 16-10-1995 (Notification issued
after completion of assessments), Circular No. 4/2012, dated 20-6-2012
(Rectification/Reconciliation of arrear demand disputed by assessee), Instruction No.
3/2013, dated 5-7-2013 (Procedure for receipt and disposal of rectification application),
Instruction No. 2/2016, dated 15-2-2016 (Passing rectification order in writing) and
Instruction No. 1/2016, dated 15-2-2016 [Prescribed time-limit in passing order u/s
154(8)]. For details, see Taxmann's Master Guide to Income-tax Act.
For relevant case laws, see Taxmann's Master Guide to Income-tax Act.
62. Substituted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. Prior to its
substitution, sub-section (1) was amended by the Direct Taxes (Amendment) Act, 1964,
w.e.f. 6-10-1964, the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4-1976 and the
Finance (No. 2) Act, 1977, w.e.f. 10-7-1978 and substituted by the Taxation Laws
(Amendment) Act, 1984, w.e.f. 1-10-1984.
63. For the meaning of the terms/expressions "mistake", "record", "mistake apparent",
"mistake apparent from the record" and "any order", see Taxmann's Direct Taxes Manual,
Vol. 3.
64. Substituted by the Finance Act, 1999, w.e.f. 1-6-1999. Earlier, clause (b) was substituted
by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.
65. Inserted by the Finance Act, 2012, w.e.f. 1-7-2012.
66. Inserted by the Finance Act, 2015, w.e.f. 1-6-2015.
67. Inserted by the Direct Taxes (Amendment) Act, 1964, w.e.f. 6-10-1964.
68. For the meaning of the term "any matter", see Taxmann's Direct Taxes Manual, Vol. 3.
69. Inserted by the Finance Act, 2012, w.e.f. 1-7-2012.
70. Inserted by the Finance Act, 2015, w.e.f. 1-6-2015.
71. Inserted by the Finance Act, 2023, w.e.f. 1-4-2023.
72. Words "Deputy Commissioner (Appeals) or the" omitted by the Finance (No. 2) Act,
1998, w.e.f. 1-10-1998. Earlier "Deputy Commissioner (Appeals)" was substituted for
"Appellate Assistant Commissioner" by the Direct Tax Laws (Amendment) Act, 1987,
w.e.f. 1-4-1988.
73. Inserted by the Finance (No. 2) Act, 1977, w.e.f. 10-7-1978.
74. Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-
1988.
75. Proviso omitted by the Finance Act, 1994, w.e.f. 1-6-1994. Prior to its omission, proviso
was inserted by the Finance Act, 1992, w.e.f. 14-5-1992.
76. For the meaning of the term "assessment", see Taxmann's Direct Taxes Manual, Vol. 3.
77. Inserted by the Finance Act, 2012, w.e.f. 1-7-2012.
78. Inserted by the Finance Act, 2015, w.e.f. 1-6-2015.
79. Substituted by the Finance Act, 2012, w.e.f. 1-7-2012. Prior to its substitution, sub-
section (5), as amended by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988,
read as under :
"(5) Subject to the provisions of section 241, where any such amendment has the effect of reducing
the assessment, the Assessing Officer shall make any refund which may be due to such assessee."
80. Inserted by the Finance Act, 2015, w.e.f. 1-6-2015.
81. For the meaning of the expression "enhancing the assessment", see Taxmann's Direct
Taxes Manual, Vol. 3.
82. Substituted for "already made, the Assessing Officer shall serve on the assessee" by the
Finance Act, 2012, w.e.f. 1-7-2012. Earlier, the quoted words were amended by the Direct
Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
83. Inserted by the Finance Act, 2015, w.e.f. 1-6-2015.
84. For the meaning of expression "the sum payable", see Taxmann's Direct Taxes Manual,
Vol. 3.
85. Now omitted.
86. Substituted for "from the date of the order sought to be amended" by the Taxation Laws
(Amendment) Act, 1984, w.e.f. 1-10-1984.
87. For the meaning of the term "order", see Taxmann's Direct Taxes Manual, Vol. 3.
88. Inserted by the Finance Act, 2001, w.e.f. 1-6-2001.
89. Inserted by the Finance Act, 2012, w.e.f. 1-7-2012.
90. Inserted by the Finance Act, 2015, w.e.f. 1-6-2015.

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