Section 153D of Income Tax Act "Prior approval necessary for assessment in cases of search or requisition"
153D. No order of assessment or reassessment shall be
passed by an Assessing Officer below the rank of Joint
Commissioner in respect of each assessment year referred to
in clause (b) of sub-section (1) of section 153A or the
assessment year referred to in clause (b) of sub-section (1)
of section 153B, except with the prior approval of the Joint
Commissioner:
Provided that nothing contained in this section shall apply
where the assessment or reassessment order, as the case may
be, is required to be passed by the Assessing Officer with
the prior approval of the Principal Commissioner or
Commissioner under sub-section (12) of section 144BA.
154. (1) With a view to rectifying any mistake apparent
from the record an income- tax authority referred to in
section 116 may,-
(a) amend any order passed by it under the provisions of
this Act ;
(b) amend any intimation or deemed intimation under
sub-section (1) of section 143;
(c) amend any intimation under sub-section (1) of section
200A;
(d) amend any intimation under sub-section (1) of section
206CB.
(1A) Where any matter has been considered and decided in any
proceeding by way of appeal or revision relating to an order
referred 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 by the assessee
or by the deductor or by the collector, and where the
authority concerned is the Commissioner (Appeals), by the
Assessing Officer also.
(3) An amendment, which has the effect of enhancing an
assessment or reducing a refund or otherwise increasing the
liability of the assessee or the deductor or the collector,
shall not be made under this section unless the authority
concerned has given notice to the assessee or the deductor
or the collector of its intention so to do and has allowed
the assessee or the deductor or the collector a reasonable
opportunity of being heard.
(4) Where an amendment is made under this section, an order
shall be passed in writing by the income-tax authority
concerned.
(5) Where any such amendment has the effect of reducing the
assessment or otherwise reducing the liability of the
assessee or the deductor or the collector, the Assessing
Officer shall make any refund which may be due to such
assessee or the deductor or the collector.
(6) Where any such amendment has the effect of enhancing the
assessment or reducing a refund already made or otherwise
increasing the liability of the assessee or the deductor or
the collector, the Assessing Officer shall serve on the
assessee or the deductor or the collector, as the case may
be a notice of demand in the prescribed form specifying the
sum payable, and such notice of demand shall be deemed to be
issued under section 156 and the provisions of this Act
shall apply accordingly.
(7) Save as otherwise provided in section 155 or sub-section
(4) of section 186 no amendment under this section shall be
made after the expiry of four years from the end of the
financial year in which the order sought to be amended was
passed.
(8) Without prejudice to the provisions of sub-section (7),
where an application for amendment under this section is
made by the assessee or by the deductor 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.