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TMI BlogRectification of Mistake - Section 154X X X X Extracts X X X X X X X X Extracts X X X X ..... om Record" can be rectified, "Mistake apparent from Record" means a mistake about which no two views are possible and about which there could be no arguments. * (ii) When a mistake itself has to be determined on investigation of facts, it cannot be said that there is a mistake apparent from record and consequently rectification u/s 154 is not possible. * (iii) The following Mistake which can be rectified:- The mistakes which can be rectified under this section are:- * An error of law; or * Fact; or * A clerical; or * Arithmetical mistake; or * Error in determining written down value; or * Overlooking the obligatory provisions of the Legislature; and * Mistake arising as a result of subsequent retrospective amendment of Law ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e guise of making rectification u/s 154 - Trustees Of Indore Cancer Foundation Charitable Trust Versus Union of India And Others - [2000 (10) TMI 40 - MADHYA PRADESH HC ]. Section 154(3):- Opportunity of being heard is necessary if rectification results into enhancement, etc :- If such rectification order has the effect of enhancing an assessment, or reducing a refund, or otherwise increasing the liability of the assessee or the deductor of the collector the authority concerned must give a notice to the assessee or the deductor of its intention to do so and an opportunity of being heard must be given to the assessee. Where action to be taken by the Assessing Officer * Section 154(4):- Order passed in writting of rectification :- Where a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry of four years from the end of the Financial Year in which the order sought to be amended was passed. * Application made by the assessee/deductor/collector [ Section 154(8) ] * Without prejudice to the provisions of section 154(7), where an application for amendment under this section is made by the assessee to an Income-tax authority, the Income-tax authority shall pass an order, within a period of six months from the end of the month in which the application is received by it- * (a) Making the amendment or * (b) Refusing to allow the claim. * If order u/s 154 is not passed within 6 months as said above making the amendment or refusing to allow the claim, then the rectification application of the assessee shall be deemed to be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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