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Rectification u/s 154

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Querist : Anonymous

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Querist : Anonymous (Querist)
05 March 2015 Can return be rectified u/s 154 of Income Tax Act, 1961, if there is an order for same u/s 142?

05 March 2015 Section 142 is for Inquiry before assessment. Rectification u/s 154 can be filed only where there is an order/Intimation like u/s 143(1) & 143(3).

With a view to rectifying any mistake apparent from the record an income-tax authority referred to in section 116 may, amend any order passed by it under the provisions of this Act.

Please refer section 154 from link given below:

http://www.incometaxindia.gov.in/_layouts/15/dit/Pages/viewer.aspx?grp=Act&cname=CMSID&cval=102120000000036618&k=&IsDlg=0

05 March 2015 it can be rectfied provided :
1. time limit u/s 154 have not elapsed for rectifying defect in order.


2.there is mistake apparent from the record

then yes still it can be rectfied.




05 March 2015 there is no order passed u/s 142

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Querist : Anonymous

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Querist : Anonymous (Querist)
05 March 2015 The case has been fixed for scrutiny, that's why i am confused whether to rectify the rturn u/s or not?
Please answer the same.

05 March 2015 If it is just fixed for scrutiny you can not resort to section 154. If the time limit for revised return has not expired then you can submit revised return provided the original return was filed within due date.

Time limit for filing revised return u/s 139(5):

Before the expiry of one year from the end of the relevant assessment year or before the completion of the assessment, whichever is earlier.

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Querist : Anonymous

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Querist : Anonymous (Querist)
05 March 2015 Return was filed within due date, and it was the individual return.
But how can the return be revised if the case is fixed for scrutiny?

05 March 2015 Even if case is fixed for scrutiny and you find some mitakes in your return, you can file revised return u/s 139(5) provided time limit for filing revised return, as stated herein above, has not expired.




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Querist : Anonymous

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Querist : Anonymous (Querist)
07 March 2015 Time for filing revised return has been expired, So we cannot revise the return.
Now what to do?

07 March 2015 You can not do anything but to wait for the outcome of hearing.



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