Rectification of mistake u/s 154
This query is : Resolved
14 February 2014
154(1) With a view to rectifying any mistake apparent from the record an income-tax authority referred to in section 116 may,—
(a) amend ANY ORDER passed by it under the provisions of this Act ;
(b) amend ANY INTIMATION OR DEEMED INTIMATION u/S 143(1)
U/s 154(7): no amendment under this section shall be made after the expiry of four years from the end of the financial year in which the ORDER sought to be amended was passed.
From the above can we conclude that there is no time limit for amending an intimation U/s143(1) because in subsection 7 there is reference to only ORDER and not an intimation.
(a) amend ANY ORDER passed by it under the provisions of this Act ;
(b) amend ANY INTIMATION OR DEEMED INTIMATION u/S 143(1)
U/s 154(7): no amendment under this section shall be made after the expiry of four years from the end of the financial year in which the ORDER sought to be amended was passed.
From the above can we conclude that there is no time limit for amending an intimation U/s143(1) because in subsection 7 there is reference to only ORDER and not an intimation.
15 February 2014
i dont think so. 143(1) assumes a lot more space than just being an intimation. it duplicates as an order for 156 and is also included in the definition of appealabe orders under 246..
15 February 2014
Though it is included in the definition of appealable orders it won't become an order because in S.246, an intimation is included in appealable orders. And it is specifically given.
Where it is so given in the Act or anywhere else that the time limit in my question will also apply to intimation U/s 143(1)..?
Where it is so given in the Act or anywhere else that the time limit in my question will also apply to intimation U/s 143(1)..?
15 February 2014
Intimation u/s143(1) tantamounts to an order as the proessing of return u/s 143(1) is accompanied by claim for demand by issuing a notice u/s156 or where a refund is claimed , the same is accorded. Further processing of return is not mechanical and any arithmetical errors/mistakes apparent from records for eg, credit for TDS are considered u/s 143(1). As such the provisions of section 154 applies even in repsect of intimation u/s 143(1)
15 February 2014
Intimation u/s143(1) tantamounts to an order as the proessing of return u/s 143(1) is accompanied by claim for demand by issuing a notice u/s156 or where a refund is claimed , the same is accorded. Further processing of return is not mechanical and any arithmetical errors/mistakes apparent from records for eg, credit for TDS are considered u/s 143(1). As such the provisions of section 154 applies even in repsect of intimation u/s 143(1)
15 February 2014
Intimation u/s143(1) tantamounts to an order as the proessing of return u/s 143(1) is accompanied by claim for demand by issuing a notice u/s156 or where a refund is claimed , the same is accorded. Further processing of return is not mechanical and any arithmetical errors/mistakes apparent from records for eg, credit for TDS are considered u/s 143(1). As such the provisions of section 154 applies even in repsect of intimation u/s 143(1)
18 February 2014
Sec.154 doesn't prescribe any time limit for rectification of the intimation issued U/s 143(1). Sec. 154(7) talks only about the time limit for rectification of the ORDER passed by the income tax authorities. Vide 'four years from the end of the financial year in which the ORDER sought to be amended was passed'.
If something was so clearly given which is in no contradiction to any provision, I don't think we need to assume it as on par with an order.
If something was so clearly given which is in no contradiction to any provision, I don't think we need to assume it as on par with an order.
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