Rectification of error U/s 154

This query is : Resolved

Ranjit Shitole (Querist)
Follow

04 August 2025 How to rectify error in ITR after 5 years has been lapsed from filling of return and processing of return as there is demand due to error and 4 years has been lapsed from CPC intimation, what is the solution for rectification after 4 years lapsed.

Dhirajlal Rambhia online

Dhirajlal Rambhia online

(Expert)
Follow

04 August 2025 It is not possible to file a rectification request (under section 154) online or with CPC after 4 years have lapsed from the end of the financial year in which the original intimation (such as u/s 143(1)) was passed. The Income Tax portal and the law both clearly state this limit: after 4 years, neither CPC nor the Assessing Officer (AO) can accept a rectification application.

Ranjit Shitole

Ranjit Shitole (Querist)
Follow

04 August 2025 Thank you sir for your reply but what is the solution as there is demand due to 143(1) and there is mistake while filling the return or only appeal is solution and if appeal is filled is there any chance as there is also the problem delay condonataion.

Dhirajlal Rambhia online

Dhirajlal Rambhia online

(Expert)
Follow

04 August 2025 Section 249(3) of the Income Tax Act explicitly empowers the CIT(A) to admit an appeal after the expiration of the 30-day period if he is satisfied that there was "sufficient cause" for not presenting the appeal within the prescribed time.

"Sufficient Cause": The phrase "sufficient cause" is generally interpreted liberally by appellate authorities and courts to ensure that genuine cases are heard on their merits. Common reasons for condonation of delay include:
Illness of the assessee or their authorized representative.
Natural calamities.
Mistake of law or fact, if made bonafide.
Pendency of rectification applications (under Section 154) or other alternate remedies.
Delay in receiving the intimation/order (e.g., if received on email much later than the system-generated date).
Engaging in good faith with the department for rectification, which might have consumed the appeal filing period.

Procedure: To seek condonation of delay, you would typically file the appeal (Form 35) along with a separate application for condonation of delay, explaining in detail the reasons for the delay and providing supporting evidence.

You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now