Rectifications

Section

Subject matter

Who can rectify

Time limit

What can be rectified

Remarks

154

  1. Any order passed under the IT Act
  2. Intimation or deemed intimation u/s. 143(1)
  3. Intimation u/s. 200A(1)
  4. Intimation u/s. 206CB(1)

An Income Tax Authority referred to in section 116.

4 years from the end of the financial year in which order/intimation was passed

Any mistake apparent from the record.

  1. An appeal lies against rectification orders.
  2. An appeal lies against refusal to rectify the mistake.
  3. Regarding disallowance u/s. 43B for want of proof with return, refer Cir No. 669 dt. 25-10-1993 and Cir. No. 688 dt. 23-8-1994.
  4. Rectification order having effect of enhancing liability or reducing refund could be passed only after giving notice and an opportunity of being heard to the assessee.
  5. An application made on or after 1-6-2001 shall be disposed of within six months from the end of the month in which the application is received by the Authority.

254(2)

Any order passed by ITAT

ITAT

4 years from the date of the order.

W.e.f. 1-6-2014, six months from the end of the month in which the order was passed

— do —

1, 2, & 3 stated above are not applicable.

  1. Is same as stated above.
  2. Application filed shall be accompanied by a fee of ₹ 50.
  3. Failure to consider relevant decision of the Apex Court and the jurisdictional HC constitutes mistake apparent and requires rectification u/s. 254(2). (M/s R J ROLLER FLOUR MILL PVT LTD vs. ITO) (2011-TIOL-208-ITAT-LKW)