ITR
Debatable issues cannot be rectified
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Facts
Rectification only covers a mistake apparent from record, something obvious without long argument. A disallowance that needs facts or interpretation, like whether HRA conditions are met, is a debatable issue and normally goes to appeal.
Provisions and law
- Sec 154 (now Sec 287)Rectification of mistake apparent from record in an intimation or order
- Sec 246A (now Sec 357)Appeal to the Commissioner (Appeals)
Analysis
You can still try a rectification if the disallowance is clearly a processing error, for example HRA exemption of ₹96,000 that Form 16 itself shows the employer allowed. If the dispute is about rent receipts, landlord PAN or whether you lived in a rented house, file an appeal with your evidence. Do not let the 30 day appeal period pass while waiting on a rectification that is unlikely to succeed.
Conclusion
- Check if the disallowance is visible as an error from the return and Form 16 alone
- If yes, file Reprocess the Return or Return Data Correction
- If it needs facts or argument, file Form 35 within 30 days
- Keep rent receipts, agreement and landlord PAN ready
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Rectification, Sec 154 (now 287)
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