Rectification of mistake
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....red to in sub-section (1), the authority passing such order may, notwithstanding anything contained in any law for the time being in force, amend the order under that sub-section in relation to any matter other than the matter which has been so considered and decided.] (2) Subject to the other provisions of this section, the authority concerned- (a) may make an amendment under sub-section (1) of its own motion, and (b) shall make such amendment for rectifying any such mistake which has been brought to its notice ^13[by the assessee or by the deductor] ^19[or by the collector], and where the authority concerned is ^24[the Joint Commissioner (Appeals) or the Commissioner (Appeals)], by the ^6[Assessing] Officer also. ^....
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....(4) of section 186 no amendment under this section shall be made after the expiry of four years ^10[from the end of the financial year in which the order sought to be amended was passed.] ^11[(8) Without prejudice to the provisions of sub-section (7), where an application for amendment under this section is made ^17[by the assessee or by the deductor] ^23[or by the collector] on or after the 1st day of June, 2001 to an income-tax authority referred to in sub-section (1), the authority shall pass an order, within a period of six months from the end of the month in which the application is received by it,- (a) making the amendment; or (b) refusing to allow the claim.] *************** NOTES:-....
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.... 6. Substituted vide Section 2 of the Direct Tax Laws (Amendment) Act, 1987 w.e.f. 01-04-1988 before it was read as, "Income-tax" 7. Omitted vide Section 38 of the Finance Act, 1994 w.e.f. 01-06-1994 before it was read as, "Provided that the Assessing Officer shall make an amendment for rectifying any mistake, which has been brought to his notice by the assessee in relation to an intimation referred to in clause (b) of sub-section (1), within a period of three months from the end of the month in which it is so brought to his notice and if no such amendment is made within the said period of three months, the assessee may appeal to the Deputy Commissioner (Appeals) or, as the case may be, Commissioner (Appeals) ag....
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.... "(5) Subject to the provisions of section 241, where any such amendment has the effect of reducing the assessment, the ^8[Assessing] Officers shall make any refund which may be due to such assessee." 16. Substituted vide Section 70 of the Finance Act, 2012 w.e.f. 01-07-2012 before it was read as, "already made, the ^9[Assessing] Officer shall serve on the assesse" 17. Substituted vide Section 70 of the Finance Act, 2012 w.e.f. 01-07-2012 before it was read as, "by the assessee" 18. Inserted vide Section 38 of the Finance Act, 2015 w.e.f. 01-06-2015 19. Inserted vide Section 38 of the Finance Act, 2015 w.e.f. 01-06-2015 20. Inserted vide Section 38 of the Finance Act, 2015 ....
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