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Passing rectification order under section 154 Income-tax Act, 1961
February, 17th 2016

Instruction No. 02/2016

Government of India

Ministry of Finance

Department of Revenue

Central Board of Direct Taxes

North Block, New Delhi, the 15th of February, 2016

Subject: Passing rectification order under section 154 Income-tax Act, 1961 regd.

Instances have come to the notice of the Board that in some cases rectification order under section 154 of theIncome-tax Act, 1961 ('Act') is being passed by the Assessing Officer on AST System without giving copy of the order to the taxpayer concerned. This is causing grievance to the taxpayers as they remain unaware of such orders and consequentially, are unable to pursue the matter further, either in appeal or rectification, if required.

2.   Sub-section (4) of section 154 of the Act mandates that rectification order shall be passed in writing by the Income-tax authorities. Therefore, on consideration of the matter, the Board hereby directs that all rectification applications must be disposed of after passing an order in writing, to be duly served upon the taxpayer concerned and not by merely making necessary rectification on the AST System.

3.  The contents of this Instruction may be brought to the notice of all for necessary compliance.

4.   Hindi version to follow.

(Rohit Garg)

Deputy Secretary to the Government of India

(F. No.225/305/2015-ITA.II)

 
 
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