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In a case one company has paid surcharge of Rs100000 by
mistake. What are the remedies available to the companies.
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Answer Posted / balaji.s.
Possible remedies are:
1. File a revised return rectifying the mistake.
2. If Assessment is finalised, then assessee can apply to IT
officer who has done assessment requesting to pass amended
order.
Income tax act:
Rectification of mistake.
154. 2[(1) With a view to rectifying any mistake apparent
from the record3 an income-tax authority referred to in
section 116 may,—
(a) amend any order passed by it under the
provisions of this Act ;
4[(b) amend any intimation or deemed intimation
under sub-section (1) of section 143.]]
5[(1A) Where any matter6 has been considered and decided in
any proceeding by way of appeal or revision relating to an
order referred to in sub-section (1), the authority passing
such order may, notwithstanding anything contained in any
law for the time being in force, amend the order under that
sub-section in relation to any matter other than the matter
which has been so considered and decided.]
(2) Subject to the other provisions of this section, the
authority concerned—
(a) may make an amendment under sub-section
(1) of its own motion, and
(b) shall make such amendment for rectifying
any such mistake which has been brought to its notice by the
assessee, and where the authority concerned is the 7[***]
8[Commissioner (Appeals)], by the 9[Assessing] Officer also.
Source:
http://law.incometaxindia.gov.in/DIT/File_opener.aspx?page=ITAC&schT=&csId=26661dcf-4f92-49de-9680-252113fcc78d&rdb=sec&yr=d8867f97-7ef9-423c-99df-7ef492ca882f&sec=&sch=rectification&title=Taxmann%20-%20Direct%20Tax%20Laws
Rectification of mistakes.
269N. With a view to rectifying any mistake apparent from
the record, the competent authority may amend any order made
by him under this Chapter at any time before the time for
presenting an appeal against such order has expired, either
on his own motion or on the mistake being brought to his
notice by any person affected by the order :
Source:
http://law.incometaxindia.gov.in/DIT/File_opener.aspx?page=ITAC&schT=&csId=a2d2b41e-8d5c-466e-ad0d-807c3e5fba14&rdb=sec&yr=d8867f97-7ef9-423c-99df-7ef492ca882f&sec=&sch=rectification&title=Taxmann%20-%20Direct%20Tax%20Laws
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