ITR
New demand raised after a rectification order
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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.
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).
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.
Conclusion
- Compare the new order with the earlier intimation.
- Find the line that created the demand.
- Pay if it is correct.
- File a fresh rectification for a new apparent mistake.
- Appeal if it is a dispute.
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Notice of demand, Sec 156 (now 289)
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