Answer

ITR

New demand raised after a rectification order

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  1. Facts

    A rectification reprocesses the return in full. If CPC finds another apparent mistake, the new order can raise a demand. A rectification that increases your liability needs notice to you.

  2. Provisions and law

    • Sec 154, Income-tax Act 1961 (now Sec 287)Mistakes apparent from the record can be rectified on request within four years from the end of the financial year of the order.
    • Sec 246A, Income-tax Act 1961 (now Sec 357)Orders that raise a demand, such as assessments, intimations with adjustments and penalty orders, can be appealed before the Commissioner (Appeals).
  3. Analysis

    For example, while correcting a TDS credit, CPC may also apply interest you had missed, changing the result from refund to demand of ₹2,300. Compare the new order with the previous one line by line. If the new demand is right, pay it. If CPC made a fresh mistake, file another rectification, or appeal against the rectification order within 30 days.

  4. Conclusion

    1. Compare the new order with the earlier intimation.
    2. Find the line that created the demand.
    3. Pay if it is correct.
    4. File a fresh rectification for a new apparent mistake.
    5. Appeal if it is a dispute.

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Notice of demand, Sec 156 (now 289)

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