A.O disallows certain expenditure say Rs.1,00,000 in notice u/s.143(2). During proceedings of sec.143(3), being auditor I represent my client and A.O agrees to allow 30,000 expenditure and disallow remaining rs.70,000 and pass order u/s.143(3) as concluded. Now again based on Supreme court judgement he want to disallow 30,000 which previously allowed in 143(3) by passing order u/s.154. I concluded that it amounts to change of opinion and hence he can not issue order u/s.154 instead he should issue order u/s.263(Revision order), is my contention valid?
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154 in relation to 143(3)
Replies (1)
Hi Nuli Swami Ayyappa,
1.According to Sec 154, AO is empowered to rectify any order passed by him, Whereas the Commissioner is only empowered to rectify any order passed by him in revision u/s 263/264.
2.IT Authority can make rectification on its own motion.
3.Opportunity of being heard is necesary if disallowance.
4.Order can be made within four years from end of fy in which order is sought.
Hence your cntention is correct in case AO is CIT.
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