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Section 154 of Income Tax Act: Income Tax Return Correction Filing In 10 Easy Steps
10 June 2022
After a taxpayer files ITR (Income Tax Return), the tax department checks the return and issues an intimation notice. The intimation includes the return details of the taxpayer. A mismatch in the orders of the Assessing Officer can be handled in the following ways – agree with the IT department and pay what they demand and file for rectification. Section 154 of the Income Tax Act works on the errors arising from the tax returns of an assessee. Keep reading this article to get an overview of this crucial provision!
What is Section 154 of the Income Tax Act
Section 154 involves correcting any errors arising from the tax details. It also includes rectification of orders from an Assessing Officer. Corrections can be made for orders passed under Sections 206CB(1), 200A(1) and 143(1).
However, only obvious mistakes from the intimation notice can be considered for rectifications. Sections 206CB(1) and 200A(1) involve processing and rectifying mistakes in TCS (Tax Collected at Source) and TDS (Tax Deducted at Source) statements. Section 143(1) covers summary assessment and issuing intimation notices.
Section 154 of Income Tax Act Features
Someofthe basic features of this Section are as follows:
Only an authorised officer can issue a notice u/s 154.
Taxpayers can also send an application to the income tax authority for rectification.
Taxpayers must be notified about the rectifications through mail or via post. There can be changes such as an increase in tax liability or a decrease in the refund.
Under this provision, the tax department can demand additional refunds if the amount of refund decreases after reassessment.
A taxpayer’s application for correction must be resolved within six months from the month-end in which he/she has applied.
When a correction requirement arises on its own, the matter can get resolved within 4 years from the year-end when the rectification order was issued.
A revision or an appeal cannot be corrected via rectifications.
A commissioner can issue an order for correcting mistakes. Such a notice can be passed upon a taxpayer’s application or on its own.
Rectification requests can only be made under some specific conditions. These are called “mistakes apparent from records”. By records, the documents are referred based on which the rectification can be made i.e., Form 16, Form 26AS, deduction proof, income statement etc.
Following are the circumstances under which you can file a rectification request:
Mistaken application of any provision of the Income Tax Act
Tax payments not matched with the CPC order
Application for cancellation of the overdue amount
Deduction details under sub-section 80G, 80IA, 80IB, and 80IC under Chapter VIA were mistakenly considered
Salary income not matched
Income taxable under the head House Property inaccurately considered
Difference in tax calculation even if the total income remains the same
Change is residential status
Request for the reduced claim in income as the taxpayer is governed by ‘Portuguese Civil Code’ and comes under Section 5A
Rectification Time Limits under Section 154
A taxpayer can file for rectification within four years from the end of the financial year in which the intimation that needs to be amended was passed. The order doesn’t necessarily have to be an original; it can be an amended or rectified order.
Major Differences between Revised Return and Rectification
Rectification can only be filed after the return is processed or intimation under Section 143(1) is received. If rectification is filed for an order then it can be filed within 4 years from the end of the financial year in which the order needs to be rectified was passed. However, a revised return can be filed before completion of the assessment or the end of the relevant assessment year, whichever is precedent.
Before filing income tax returns, taxpayers must carefully compute the tax implications and exemptions. Section 154 of the Income Tax Act only encourages error corrections apparent from tax records. If you have filed your ITR online, a rectification request must be generated online. Read the regulations of the IT department carefully before submitting applications for rectifications.
FAQs on Section 154 of the Income Tax Act
Q1. What is Section 154 of the Income Tax Act time limit?
Ans: The time limit for Section 154 of the Income Tax Act is 4 years. After 4 years, the order of rectification cannot be passed.
Q2. Who cannot submit ITR-4 forms?
Ans: Partnership firms, individuals and HUF who have opted for presumptive income scheme u/s 44ADA can submit the ITR-4 form. However, the following cases are not a part of this form: Taxpayers whose accounting records need to be audited as per the IT Act. Earnings from other sources, house property or salary that exceed Rs. 50,00,000. An organisation’s director investing in unlisted shares cannot use it.
Q3. What does Form 26AS entail?
Ans: Form 26AS refers to a statement that showcases any amount subtracted as TCS or TDS from a taxpayer’s earnings. It also gives information about a taxpayer’s high-valued financial transactions, self-assessment tax, advance tax and foreign remittances.
Q4. What is an ITR-6 form?
Ans: Companies that do not claim tax exemptions u/s 11 can file their tax returns in the ITR-6 form. All companies registered under the Companies Act 2013 or Companies Act 1956 have to file this form. Section 11 offers exemptions to companies that earn from properties used for religious or charitable activities.
Q5. What is Form 16A?
Ans: Form 16A denotes a TDS certificate that highlights TDS on earnings (except salary income). It includes TDS subtracted on: – Interests from fixed bank deposits – Rent receipts – Insurance commission It carries information such as challan of TDS deposits, TAN/PAN, address and name of deductee and deductor.
Q6. Should I file the rectification request online or offline under section 154?
Ans. If you have your ITR filed online, then you have to submit a rectification request for the same online through the e-filing portal.
Q7. Can I withdraw my rectification request?
Ans. No, a rectification request once submitted cannot be withdrawn. It will be closed only after a rectification order is passed.
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This article has been prepared on the basis of internal data, publicly available information and other sources believed to be reliable. The information contained in this article is for general purposes only and not a complete disclosure of every material fact. It should not be construed as investment advice to any party. The article does not warrant the completeness or accuracy of the information, and disclaims all liabilities, losses and damages arising out of the use of this information. Readers shall be fully liable/responsible for any decision taken on the basis of this article.
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