Dealing with official records is tricky. And sometimes, even after careful handling, there can be mistakes in the form of human errors. Similarly, there can be mistakes on the part of the Assessing Officer with regard to the passing of an order. Such mistakes come under Section 154 of the Income Tax Act which can be corrected. Additionally, this section also deals with the error corrections that may have occurred in the taxpayer’s income tax records.
This blog deals with Section 154 and how these rectifications can be made.
Orders Eligible for Rectification Under Section 154
With a view to rectifying mistakes apparent from records, the income tax authority may:
- Amend order passed under provisions of the Income Tax Act
- Amend intimation sent under section 200 A (1)
- Amend intimation or any deemed intimation sent under section 143 (1)
- Amend any intimation that has been sent under section 206CB
Rectification of Mistakes Under Section 154
Prior to raising the rectification application, the taxpayer has to keep the following points in their mind:
- Taxpayers have to carefully scrutinise the order against which they want to file the rectification appeal.
- Sometimes, the taxpayer may be strongly of the opinion that there is a mistake in the order passed but the truth could be that the taxpayer’s calculations were incorrect and the CPC may have corrected the mistakes.
- To avoid submitting a rectification application in the above two cases, the taxpayer has to scrutinise the order and should be positively certain about the existence of any mistake in the intimation.
- If any mistake is observed in the order, should only the taxpayer proceed to make a rectification application under the mentioned section of the Income Tax Act.
- Further, the taxpayer has to confirm that the mistake is apparent from the records and is not one that requires elaboration, debate, investigation, etc. Prior to making the online application for rectification, the taxpayer must go through the procedure prescribed at https://incometaxindiafiling.gov.in/.
Steps to File Rectification Under Section 154 of Income Tax Act
To follow through with your rectification application, follow the steps as mentioned:
- Step 1
Login to the official website
- Step 2
Go to Tax e-services on the homepage
- Step 3
Click on ‘’how to submit the request for rectification’’
- Step 4
Fill in the PAN details and register yourself to get all the required information
Important Highlights of Section 154
Certain important features of Section 154 are listed for your quick perusal:
- The tax authority can send the order under Section 154 either based on inconsistency noticed by the Income Tax Department or of their volition. This can be an order requesting a mistake in gender, additional details, refund mismatch, tax credit mismatch or advanced tax discrepancy.
- Before taking any action under Section 154, the taxpayer needs to be informed. Any amendment under this section can result in higher taxes on the assessee. The notice can be sent to the taxpayer either by mail or post.
- If actions under Section 154 result in a reduction of taxes or an increase in exemptions, then the IT Department will be liable to offer refunds.
- If the refund has been processed by the department but the amount is reduced after reassessment, then the department will demand an excess refund payment from the taxpayer.
- Notice under Section 154 can be issued up to 4 years after the end of a particular financial year wherein the rectification order had been passed.
- If the taxpayer raises an amendment request, the department is bound to respond within six months of request receipt.
As a taxpayer, you are allowed to process a rectification request for correcting apparent errors in the Income Tax Return under section 154 (1). Errors such as small clerical mistakes, errors of fact, arithmetic mismatches and errors due to overlooking compulsory provisions of law can be taken care of.