i have recently received a notice u/s 143(1) from the dept for AY 17-18. For AY 17-18, there is a refund of Rs 3470. In the notice, it is also showing a demand of Rs 46000 pertaining to AY 12-13.
Now, the time limit to file rectification application u/s 154 has expired.
Sec154(7) is being reproduced here:
Save as otherwise provided in section 155 or sub-section (4) of section 186 no amendment under this section shall be made after the expiry of four years from the end of the financial year in which the order sought to be amended was passed.
Now, what options do I have to rectify this order as the outstanding demand is due to TDS Credit mismatch. The tax was duly paid in the PY11-12 itself.
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Sec 154 time limit expired...what to do??
Replies (7)
Time period is considered from date of order. So check if still any option available as of 'Four years from the END of financial year in which the order was passed'. Otherwise just take a chance.
Order date is 18th October, 2013.
I had submitted application u/s 154 through offline mode when original notice came in 2013, but still it is showing in pending actions in login account and now this demand came in intimation u/s 143 of AY 2017-18
Do i have to submit again an application u/s 154 through online mode attaching 26AS and form 16 as evidence showing TDS deducted
I had submitted application u/s 154 through offline mode when original notice came in 2013, but still it is showing in pending actions in login account and now this demand came in intimation u/s 143 of AY 2017-18
Do i have to submit again an application u/s 154 through online mode attaching 26AS and form 16 as evidence showing TDS deducted
If you have not received any reply to the application.......... You will have to re-apply online, stating the reference to the earlier application.
Instruction No. 01/2016
February 15, 2016
Subject: Following the prescribed time-limit in passing order under sub-section (8) of section 154 of Income-tax Act, 1961-regd.
Sub-section (8) of section 154 of the Income-tax Act, 1961 (‘Act’) stipulates that where an application for amendment is made by assessee/deductor/collector with a view to rectify any mistake apparent from record, the income-tax authority concerned shall pass an order, within a period of six months from the end of the month in which such an application is received, by either making the amendment or refusing to allow the claim. It has been brought to the notice of the Board that the said time-limit of six months has not been observed in deciding some applications. In such cases, the field authorities often take a view that since no action was taken within the prescribed time-frame, the application of the taxpayer is deemed to have lapsed, thereby not requiring any action.
The matter has been examined by the Board. In this regard, the undersigned is directed to convey that the aforesaid time-limit of six months is to be strictly followed by the Assessing Officer while disposing applications filed by the assessee/deductor/collector under section 154 of the Act. The supervisory officers should monitor the adherence of prescribed time limit and suitable administrative action may be initiated in cases where failure to adhere to the prescribed time frame is noticed.
The contents of this Instruction may be brought to the notice of all for necessary compliance.
Instruction No. 02/2016
February 15, 2016
Subject: Passing rectification order under section 154 Income-tax Act, 1961 regd.
Instances have come to the notice of the Board that in some cases rectification order under section 154 of the Income-tax Act, 1961 (‘Act’) is being passed by the Assessing Officer on AST System without giving copy of the order to the taxpayer concerned. This is causing grievance to the taxpayers as they remain unaware of such orders and consequentially, are unable to pursue the matter further, either in appeal or rectification, if required.
2.Sub-section (4) of section 154 of the Act mandates that rectification order shall be passed in writing by the Income-tax authorities. Therefore, on consideration of the matter, the Board hereby directs that all rectification applications must be disposed of after passing an order in writing, to be duly served upon the taxpayer concerned and not by merely making necessary rectification on the AST System.
3.The contents of this Instruction may be brought to the notice of all for necessary compliance.
Deputy Secretary to the Government of India
(F. No.225/305/2015-ITA.II)
Refer:
https://irsofficersonline.gov.in/Documents/OfficalCommunique/1215201625246.pdf
https://irsofficersonline.gov.in/Documents/OfficalCommunique/1215201625121.pdf
Thankyou very much Sir for your prompt responses.
You are most welcome
Yes you can file application . AO may grant condonation of delay 119 (2)b.
Notice u/s 154 is nothing but the order issued by the Income Tax Departement after filling Revised Return u/s 139(5) by you or if the assessment intimation order u/s 143(1) issued by AO found some discrepancies, they rectify by issuing order u/s 154.
It must be treated as correction of a mistake and must be kept in the fill the Income Tax Return for your record.
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