Answer

ITR

Appealing a rectification order

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  1. Facts

    Rectification orders are appealable before the Commissioner (Appeals). The 30 days run from service of the rectification order.

  2. Provisions and law

    • Sec 246A, Income-tax Act 1961 (now Sec 357)Lists orders you can appeal before the Commissioner (Appeals), including intimations with adjustments, assessments, rectification and penalty orders.
    • Sec 154, Income-tax Act 1961 (now Sec 287)Rectification of mistakes apparent from the record.
  3. Analysis

    Appeal is useful when CPC or the officer refused to correct an obvious error, such as ignoring a TDS credit that 26AS shows. Attach the original order, the rectification request and the rejection. If a fresh request with the right type would fix it faster, consider that first.

  4. Conclusion

    1. Read the rejection reason.
    2. Decide if a fresh request fixes it.
    3. If not, draft grounds against the rectification order.
    4. File Form 35 within 30 days.
    5. Attach all related documents.

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Appeal to CIT(A), Form 35 (now Form 99)

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