section 154
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
18 October 2010
Sir I had applied for rectification u/s 154 for an assessee. There has been no response from department regarding the application. More than 6 months have passed.
I want to ask that is there any provision in income tax that if rectification order not passed within 6 months then it will be deemed to be in favour of the assessee.
Plz reply asap.
I want to ask that is there any provision in income tax that if rectification order not passed within 6 months then it will be deemed to be in favour of the assessee.
Plz reply asap.
18 October 2010
No there is no such provision. I have also applied for rectification u/s 154 and in many cases no response has been received for more than a year. Just wait for their response or else visit the concerned department.
19 October 2010
Please go and follow up with your jurisdictional AO for speady disposal of the application.
Querist : Anonymous
Querist :
Anonymous
(Querist)
20 October 2010
sir as per interpretation of section 154(8), it should be presumed that if A.O. does not give rectification/refusal order within 6 months from the end of month in which app. is recd, then it is assumed to be in favour of assessee.
I have also personally consulted a tax expert. He also gave same interpretation as interpreted by me.
I have also personally consulted a tax expert. He also gave same interpretation as interpreted by me.
22 October 2010
Sec 154(8) only says assessing officer has to pass a order within a period of six months
- making the amendment, or
- refusing to allow the claim.
but section doesnot provide , if both is not followed it will be assumed that order has been rectified as per your request.
- making the amendment, or
- refusing to allow the claim.
but section doesnot provide , if both is not followed it will be assumed that order has been rectified as per your request.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Is this income indian or foreign income?
- 15ca /15cb whose income tax login? remitter or nri seller's login?
- Regarding Documentation & Compliances for Opening of Unit of Pvt Ltd.
- TDS U/S. 194NF
- RCM applicability on Rent Paid by Registered Person to Unregistered Landlord for Residental Building
- GST on export of services and Input Credit
- ITC temporary reversal and reclaim
- Applicable TDS rate for sale of property in Nov 2024
- Tds on building rent monthly
- Import license renewal
- LAST YEAR 2022-23 ITC IN NEXT YEAR 2023-24 REPORITNG IN GSTR-9
- MIS MATCH OF INVOICE NUMBER
- IGST Credit-Show cause notice issued-confusion
- Issue of gst e invoice
- How to adjusted advances given or receipt
- Foreign vendor without PAN unable to to register due to non receipt of OTP on foreign number ?
- 133(6) DIN INVALID format error - ->WHERE TO REPLY 133(6) notice?
- Query for dubts
- Regarding einvoice taken on nil rated sales
- Strategical investment in Public listed company
Trending Online Classes
CAclubindia
