Rectification of mistake 2
With a view to rectifying any mistake apparent from the record an income- tax authority referred to, in section 1 16 may,- a amend any order passed by it under the provisions of this Act b amend any intimation sent by it under sub- section 1 of section 143, or enhance or reduce the amount of refund granted by it under that sub- section.
a amend any order passed by it under the provisions of this Act
b amend any intimation sent by it under sub- section 1 of section 143, or enhance or reduce the amount of refund granted by it under that sub- section.
1A Where any matter has been considered and decided in any proceeding by way of appeal or revision relating to an order referred to in sub- section 1 , the authority passing such order may, notwithstanding anything contained in any law for the,, time being in force, amend the order under that sub- section in relation to any matter other than the matter which has been so considered and decided.
Subject to the other provisions of this section, the authority concerned-- a may make an amendment under sub- section 1 of its own motion, and b shall make such amendment for rectifying any- such mistake which has been brought to its notice by the assessee, and where the authority concerned is the Deputy Commissioner Appeals 1. Substituted for under section 250, 254, 260, 262, 2 63 or 264 by the Direct Taxes Amendment Act, 1964, w. e. f. 6- 10- 1964. 3. Substituted by the Direct Tax Laws Amendment Act, 1987, w. e. f. 1- 4- 1989. Prior to the substitution, sub- section 1 , as substituted by the Taxation Laws Amendment Act, 1984, w. e. f. 1- 10- 1984 1 With a view to rectifying any mistake apparent from the record, an income- tax authority referred to in section 116 may amend any order passed by it under the provisions of this Act. Earlier, the original sub- section 1 was amended by the Direct Taxes Amendment Act, 1964, w. e. f. 6- 10- 1964 Taxation Laws Amendment Act, 1975, w. e. f. 1- 4- 1976 and the Finance No. 2 Act, 1977, w. e. f. 10- 7- 1978. 4. Inserted by the Direct Taxes Amendment Act, 1964, w. e. f. 6- 10- 1964. 5. Substituted for Appellate Assistant Commissioner by the Direct Tax Laws Amendment Act, 1987, w. e. f. 1- 4- 1988. or the Commissioner Appeals , by the Assessing Officer also. Omitted by the Finance Act, 1994 , w. e. f. 1- 6- 1994 .
a may make an amendment under sub- section 1 of its own motion, and
b shall make such amendment for rectifying any- such mistake which has been brought to its notice by the assessee, and where the authority concerned is the Deputy Commissioner Appeals 1. Substituted for under section 250, 254, 260, 262, 2 63 or 264 by the Direct Taxes Amendment Act, 1964, w. e. f. 6- 10- 1964. 3. Substituted by the Direct Tax Laws Amendment Act, 1987, w. e. f. 1- 4- 1989. Prior to the substitution, sub- section 1 , as substituted by the Taxation Laws Amendment Act, 1984, w. e. f. 1- 10- 1984 1 With a view to rectifying any mistake apparent from the record, an income- tax authority referred to in section 116 may amend any order passed by it under the provisions of this Act. Earlier, the original sub- section 1 was amended by the Direct Taxes Amendment Act, 1964, w. e. f. 6- 10- 1964 Taxation Laws Amendment Act, 1975, w. e. f. 1- 4- 1976 and the Finance No. 2 Act, 1977, w. e. f. 10- 7- 1978. 4. Inserted by the Direct Taxes Amendment Act, 1964, w. e. f. 6- 10- 1964. 5. Substituted for Appellate Assistant Commissioner by the Direct Tax Laws Amendment Act, 1987, w. e. f. 1- 4- 1988. or the Commissioner Appeals , by the Assessing Officer also. Omitted by the Finance Act, 1994 , w. e. f. 1- 6- 1994 .
Substituted for from the date of the order sought to be amended by the Taxation Laws Amendment Act, 1984, w. e. f. 1- 16- 1984.
An amendment, which has the effect of enhancing an assessment or reducing a refund or otherwise increasing the liability of the assessee, shall not be made under this section unless the authority concerned has given notice to the assessee of its intention so to do and has allowed the assessee a reasonable opportunity of being heard.
Where an amendment is made under this section, an order shall be passed in writing by the income- tax authority concerned.
Subject to the provisions of section 241, where any such amendment has the effect of reducing the assessment, the Assessing Officer shall make any refund which may be due to such assessee.
Where any such amendment has the effect of enhancing the assessment or reducing a refund already made, the Assessing Officer shall serve on the assessee a notice of demand in the prescribed form specifying the sum payable, and such notice of demand shall be deemed to be issued under section 156 and the provisions of this Act shall apply accordingly.
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. 1. Inserted by the Finance No. 2 Act, 1977, w. e. f. 10- 7- 1978. 2. Substituted for Income- tax by the Direct Tax Laws Amendment Act, 1987, w. e. f. 1- 4- 1988. 3. Prior to the omission, the proviso, as inserted by the Finance Act, 1992, w. e. f. 14- 5- 1992, read as under Provided that the Assessing Officer shall make an amendment for rectifying any mistake, which has been brought to his notice by the assessee in relation to an intimation referred to in clause b of sub- section 1 , within a period of three months from the end of the month in which it is so brought to his notice and if no such amendment is made within the said period of three months, the assessee may appeal to the Deputy Commissioner Appeals or, as the case may be, Commissioner Appeals against such intimation and the provisions of section 246 and section 249 shall have effect as if the said intimation were an order for the purposes of those sections. 4. Substituted for Income- tax by the Direct Tax Laws Amendment Act, 1987, w. e. f. 1- 4- 1988. 5. bid. 6. Substituted for from the date of the order sought to be amended by the Taxation Laws Amendment Act, 1984, w. e. f. 1- 16- 1984.