Clause 161 - Rectification of mistake. - Direct Taxes Code, 2010

Rectification of mistake. 161. (1) An income-tax authority may amend any order passed, or intimation issued by it under this Code so as to rectify any mistake apparent on the face of the record. (2) No amendment under this section shall be made after a period of four years from the end of the financial year in which the order sought to be amended was passed. (3) The income-tax authority shall not make any amendment, which has the effect of enhancing an assessment or reducing a refund or otherwise increasing the liability of the assessee, unless the authority concerned has given to the assessee an opportunity of being heard. (4) The income-tax authority concerned may make an amendment— (a) on its own motion; or (b) on the application made to it by the assessee or, as the case may be, by the Assessing Officer. (5) Any application received by an authority for amendment of an order shall be decided within a period of six months from the end of the month in which such application is received by it. (6) In a case where the order has been decided in an appeal or revision, the power of the authority to amend the order, or intimation, shall be restricted to matters other than those decided in appeal or revision.