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Power of ito to modify his previous order passed u/s143(3)

Tax queries 350 views 1 replies

Dear Sir,

I have received an Order u/s 143(3) passed by ITO along with Form No.7. In the Form No.7 the Ld. ITO mentioned in a point "The Assessment has been completed u/s 143(1) of the I.T.Act,1961. In case you object to the assessment, you may apply to me in Form No.6-A objecting to the assessment, within one month from the date of service of this Notice of Demand". My question is that whether the Ld. ITO has the power himself to rectify or modify his previous Order passed u/s 143(3) if I file Form No.6-A before the Ld. ITO or shall I file an Appeal before CIT(Appeals) in Form No.35 against the Aseessment above Assessment Order passed by the Ld. ITO. Please let me advise in this regards.

Thanks.

C.K.Saha

Replies (1)

After an order has been passed in terms of Section 143(3) of the Act, no rectification order under Section 154 could be passed to rectify the intimation under Section 143(1)(a) of the Act.

 

The same has been held true by Honbl. Supreme Court in Commissioner of Income Tax v. Gujarat Electricity Board Commissioner of Income Tax v. Gujarat Electricity Board (2003 ITR (Vol.260) 84).

In view of the above i would suggest you to file an Appeal before CIT(Appeals) in Form No.35 against the Aseessment order.

Feel free to ask any queries.

 


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