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CBDT directs that all rectification orders should be in writing and duly serve to the taxpayer - All About Finance

CBDT directs that all rectification orders should be in writing and duly serve to the taxpayer

by

Instruction No.  02/2016

Government of India

Ministry of Finance

Department of Revenue

Central Board of Direct Taxes

North Block, New Delhi, the 15th of February, 2016

Subject: Passing rectification order under section 154 Income-tax Act, 1961 -regd.-

Instances have come to the notice of the Board that in some cases rectification order under section 154 of the Income-tax Act, 1961 (‘Act’) is being passed by the Assessing Officer on AST System without giving copy of the order to the taxpayer concerned. This is causing grievance to the taxpayers as they remain unaware of such orders and consequentially, are unable to pursue the matter further, either in appeal or rectification, if required.

2. Sub-section (4) of section 154 of the Act mandates that rectification order shall be passed in writing by the Income-tax authorities. Therefore, on consideration of the matter, the Board hereby directs that all rectification applications must be disposed of after passing an order in writing, to be duly served upon the taxpayer concerned and not by merely making necessary rectification on the AST System.

3. The contents of this Instruction may be brought to the notice of all for necessary compliance.

4. Hindi version to follow.

Sd/-

(Rohit Garg)

Deputy Secretary to the Government of India

(F.No. 225/305/2015-ITA.11)

Copy to:

  1. Chairman and all Members of CBDT
  2. PS/OSD to Secretary (Revenue)
  3. 0/0 Pr.Director General of Income Tax (Systems) with request for uploading on official website in public domain
  4. All Pr.Chief-Commissioners/Directors-General of Income-tax
  5. All Officers and Technical Sections of CBDT
  6. ITCC Division of CBDT (3 copies)
  7. Addl./it. CIT Database Cell for uploading on IRS Officers website
  8. ADG(PR,PP&OL) with request to post a tweet on official handle of the Department
  9. Guard File

Sd/-

(Rohit Garg)

Deputy Secretary to the Government of India

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