Rectification u/s. 154
This query is : Resolved
23 January 2013
Dear Sir/Madam,
In Form 16 deduction u/s.80E has been claimed and accordingly tax liability is calculated correctly in Form 16 for the A.Y.2010-11. But, By Mistake such deduction has not been claimed in the return of income filed for A.Y.2010-11, due to which there is tax liability arising.
Now, whether rectification application U/s. 154 can be made by producing Form 16?
Is there any other remedy for that?
Kindly give response at the earliest.
In Form 16 deduction u/s.80E has been claimed and accordingly tax liability is calculated correctly in Form 16 for the A.Y.2010-11. But, By Mistake such deduction has not been claimed in the return of income filed for A.Y.2010-11, due to which there is tax liability arising.
Now, whether rectification application U/s. 154 can be made by producing Form 16?
Is there any other remedy for that?
Kindly give response at the earliest.
24 January 2013
If you have received intimation U/s 143(1) of IT Act then you can rectify the same u/s 154.
25 January 2013
First of all Thanks for response.
No Sir, I have not received Intimation U/s.143(1). I have filed Paper Return for the A.Y.2010-11. Further, the demand is raised u/s. 143 (1a) as per the Outstanding Demand Status on IT e-Filing website.
Can it be said that assessment is made u/s. 143(1) as demand is raised u/s.143(1a)?
If yes, then Can I file rectification application u/s.154?
If no, then is there any other remedy for correction of mistake?
In hope of quick response...
No Sir, I have not received Intimation U/s.143(1). I have filed Paper Return for the A.Y.2010-11. Further, the demand is raised u/s. 143 (1a) as per the Outstanding Demand Status on IT e-Filing website.
Can it be said that assessment is made u/s. 143(1) as demand is raised u/s.143(1a)?
If yes, then Can I file rectification application u/s.154?
If no, then is there any other remedy for correction of mistake?
In hope of quick response...
26 January 2013
Yes, Assessment is completed u/s 143(1) and determining the demand. Since you have filed the paper return, you need to file written request for rectification of order u/s 154(2)by stating the requisite facts at your AO ward.
Finally, Since the time limit to file revised return is already being lapsed, the only option remained is make request for rectification of order u/s 154(2).
Finally, Since the time limit to file revised return is already being lapsed, the only option remained is make request for rectification of order u/s 154(2).
27 January 2013
Once again thanks for your valuable response.
What is the time limit for rectification u/s.154 for A.Y. 2007-08 and A.Y. 2010-11?
In hope of quick response.
What is the time limit for rectification u/s.154 for A.Y. 2007-08 and A.Y. 2010-11?
In hope of quick response.
20 July 2025
Rectification Time Limit u/s 154:
The Income Tax Act, Section 154 provides that the Assessing Officer (AO) can rectify any mistake apparent from the record within 4 years from the end of the financial year in which the order sought to be amended was passed.
For your specific assessment years:
Assessment Year Relevant Financial Year (end date) Last date to file rectification under Sec 154
AY 2007-08 FY 2007-08 ended on 31 Mar 2008 31 Mar 2012
AY 2010-11 FY 2010-11 ended on 31 Mar 2011 31 Mar 2015
Explanation:
The 4-year period starts from the end of the financial year in which the order was passed.
For example, if the original assessment or intimation order for AY 2007-08 was passed on 15 Nov 2008, the 4-year period would run from 31 Mar 2008 (end of FY 2007-08), so the rectification request must be made by 31 Mar 2012.
Similarly, for AY 2010-11, the last date to file rectification would be 31 Mar 2015.
Important:
If the rectification request is filed after the prescribed period, it is generally not allowed.
However, if the rectification is filed within the limit and is for a mistake apparent from record, it can be processed by the AO.
The Income Tax Act, Section 154 provides that the Assessing Officer (AO) can rectify any mistake apparent from the record within 4 years from the end of the financial year in which the order sought to be amended was passed.
For your specific assessment years:
Assessment Year Relevant Financial Year (end date) Last date to file rectification under Sec 154
AY 2007-08 FY 2007-08 ended on 31 Mar 2008 31 Mar 2012
AY 2010-11 FY 2010-11 ended on 31 Mar 2011 31 Mar 2015
Explanation:
The 4-year period starts from the end of the financial year in which the order was passed.
For example, if the original assessment or intimation order for AY 2007-08 was passed on 15 Nov 2008, the 4-year period would run from 31 Mar 2008 (end of FY 2007-08), so the rectification request must be made by 31 Mar 2012.
Similarly, for AY 2010-11, the last date to file rectification would be 31 Mar 2015.
Important:
If the rectification request is filed after the prescribed period, it is generally not allowed.
However, if the rectification is filed within the limit and is for a mistake apparent from record, it can be processed by the AO.
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