Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

Rectification of order passed u/s 144 of it act possible?

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... The case of the Assessee was selected for scrutiny u/s 143(3) and Assessee did not received any notice of assessement and intimation isuued by the AO due to shifting of residence address. The AO issued a show cause notice which was also not received by the assessee and due to no response from the assessee the AO completed the assessment u/s 144 of the IT Act (BEst Judgement Assessemnet) disall .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... owing exemption claimed by the assessee u/s 54 for selling and buying new house due to lack of documents of new house. So can this order be rectified u/s 154 by producing the purchase documents of the new house to the AO? - Reply By MARIAPPAN GOVINDARAJAN - The Reply = In my view you can file appeal before the Appellate Authority with the prayer to remand the case to the Adjudicating Autho .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... rity for not receiving the show cause notice and other communications due to the shifting of your residential address. - Reply By wig sinbad - The Reply = in terms of your query: 1. The Income Tax Act u/s 154 (1) (a) provides the power to amend any order passed by an Income Tax Authority under the provisions of this act. orders have to be passed within the time limit provided u/s 154 ( .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 8) 2. Alternatively you can apply under section 264 to the Commisioner / Pr Commisioner. But there is no provision of appeal thereafter. The order is binding. 3. You can also appeal u/s 246A(1) (a) to the jurisdictional Commisioner ( Appeals) and submit the evidence to him which you were unable to submit earlier to the Assessing Officer. I invite to peruse Rule 46A of the Income Tax .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Rules, 1962 - Rectification of order passed u/s 144 of it act possible? - Query Started By: - Utkarsh Lohia Dated:- 17-1-2018 Income Tax - Got 2 Replies - Income Tax - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates