ORDER SEC 144
This query is : Resolved
14 April 2022
WHETHER ITO HAS POWER TO REVISE ORDER PASSED BY HIM U/S 144
09 July 2024
Yes, an Income Tax Officer (ITO) has the power to revise an order passed by them under section 144 of the Income Tax Act, 1961. Section 144 of the Income Tax Act pertains to "best judgment assessment," which allows the assessing officer to make an assessment to the best of their judgment if the taxpayer fails to comply with the requirements of filing returns or providing necessary information.
### Revision of Order Under Section 144:
1. **Provisions for Revision:**
- The ITO can revise their own order under section 144 if they find any mistake apparent from the record. This is typically within a reasonable time from the original order's completion.
- The purpose of revision is to correct errors that are evident on the face of the record, such as computational errors, incorrect application of law, or any oversight in factual aspects.
2. **Conditions and Procedures:**
- The revision can be initiated by the ITO on their own motion or upon receiving information or objections from the taxpayer.
- It is essential that the revision is conducted within the statutory time limits prescribed by law to maintain compliance and validity.
3. **Outcome of Revision:**
- Upon revision, the ITO may either confirm the original assessment, modify it, or set it aside and make a fresh assessment as per the correct facts and circumstances.
### Judicial Review and Appeals:
- If a taxpayer disagrees with the revised assessment or the decision of the ITO, they can appeal against it to higher authorities within the Income Tax Department, such as the Commissioner of Income Tax (Appeals) or the Income Tax Appellate Tribunal (ITAT).
- Legal recourse is available to ensure fair treatment and correct application of tax laws in such cases.
In conclusion, the ITO does possess the authority to revise an assessment order made under section 144 if errors are found that are apparent from the record. This power is exercised to ensure accurate and fair assessment of income tax liabilities based on the available information and compliance with legal provisions.
### Revision of Order Under Section 144:
1. **Provisions for Revision:**
- The ITO can revise their own order under section 144 if they find any mistake apparent from the record. This is typically within a reasonable time from the original order's completion.
- The purpose of revision is to correct errors that are evident on the face of the record, such as computational errors, incorrect application of law, or any oversight in factual aspects.
2. **Conditions and Procedures:**
- The revision can be initiated by the ITO on their own motion or upon receiving information or objections from the taxpayer.
- It is essential that the revision is conducted within the statutory time limits prescribed by law to maintain compliance and validity.
3. **Outcome of Revision:**
- Upon revision, the ITO may either confirm the original assessment, modify it, or set it aside and make a fresh assessment as per the correct facts and circumstances.
### Judicial Review and Appeals:
- If a taxpayer disagrees with the revised assessment or the decision of the ITO, they can appeal against it to higher authorities within the Income Tax Department, such as the Commissioner of Income Tax (Appeals) or the Income Tax Appellate Tribunal (ITAT).
- Legal recourse is available to ensure fair treatment and correct application of tax laws in such cases.
In conclusion, the ITO does possess the authority to revise an assessment order made under section 144 if errors are found that are apparent from the record. This power is exercised to ensure accurate and fair assessment of income tax liabilities based on the available information and compliance with legal provisions.
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