ITR
Appeal and rectification at the same time
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Facts
An appeal to the Commissioner (Appeals) must be filed within 30 days of receiving the order. Rectification has a 4 year window. The two are separate routes and can run together where the error is partly arithmetical and partly a dispute.
Provisions and law
- Sec 246A (now Sec 357)Appeal to the Commissioner (Appeals)
- Sec 154 (now Sec 287)Rectification of mistake apparent from record in an intimation or order
- Form 35 (now Form 99)Appeal form to the Commissioner (Appeals)
Analysis
Use rectification alone when the mistake is obvious and documented, such as TDS of ₹20,000 visible in 26AS. Add an appeal when CPC has disallowed something on a view, such as an exemption claim that needs explanation, and the amount is meaningful. Missing the 30 days makes the appeal belated and needs a condonation request with reasons. A rectification decided in your favour can make the appeal unnecessary, and you can then withdraw it.
Conclusion
- Separate the issues into clear mistakes and disputed points
- File rectification for the clear mistakes
- File Form 35 within 30 days if disputed points involve real money
- Tell the Commissioner (Appeals) if rectification later resolves an issue
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Rectification, Sec 154 (now 287)
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