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Pls help urgent...rectification u/s 154

Sowmya.G (CA) (459 Points)

04 October 2012

My brother filed his income tax return for Ay 2010-11 without including interest on housing loan. But entered the tax payable which is after considering the interest on housing loan. (i.e exact replica of Form 16 data but did not fill the income from house property in ITR). IT Dept has raised a demand for the tax effect on 15/08/2012.Filing of revised return is not possible as the time limit has expired. My query is whether rectification u/s 154 is possible in this case. If yes whether i can file an online rectification u/s 154 or i have to make rectification request to the commissioner of income tax (Appeals????). It is to be noted that my brother filed a rectification earlier and it was rejected without specifying any reasons..

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6 Replies

CA Manish (Job) (5264 Points)
Replied 06 October 2012

Please check the below links and follow the given instructions:-

https://incometaxindiaefiling.gov.in/portal/Howtorectification.html

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Sowmya.G (CA) (459 Points)
Replied 06 October 2012

Thanks manish sir for ur reply. But came to know that rectification in this case is not possible as it results in revision of total income..have to make a revision petition u/s 264 to the commissioner.

MD (AAA) (117 Points)
Replied 08 October 2012

Hi,

Your brother aggrieved by the order of the Assessing Officer may appeal to the Commissioner (Appeals) against the order of rectification of mistake u/s 154 passed by the Assessing Officer.

Sowmya.G (CA) (459 Points)
Replied 08 October 2012

Thanks MD, Rectification u/s 154 is not possible as this is a case of revision of total income, not a mistake apparent from record. The time limit for filing appeal to CIT (Appeals) is over. Also there is no valid grounds on our side for asking condonation of delay.

MD (AAA) (117 Points)
Replied 08 October 2012

Records u/s 154 means record of the case comprising the entire proceedings including documents and materials produces by the assessee and taken on record by the Assessing Officer which were available at the time of passing of the order which is subject matter of the proceedings for rectification.

Things which accompany return are also part of record.

In view of the above a TDS certificate i.e. Form 16 is also a part of record and accordingly, it is a mistake apparent from record.

In your case you can prefer an application to the Commissioner as per the provisions fo section 264 for revising the order passed by the Assessing Officer

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Sowmya.G (CA) (459 Points)
Replied 08 October 2012

Thank u MD for ur detailed explanation.. got clarified with section 154. s we have approached the commissioner with Section 264 petition..awaiting for the response..