Section 154 of the Income Tax Act

Income-tax Act, 2025: s.287

Section 154 of the Income-tax Act, 1961 corresponds to section 287 (Rectification of mistake) of the Income-tax Act, 2025.

Read section 287 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 154 is Fatehraj Singhvi v. UOI (73 Taxmann.com 252), cited in 1,778 of the 8,676 judgments on BharatTax that turn on this section.

Leading authorities on Section 154

Fatehraj Singhvi v. UOI
73 Taxmann.com 252 · 2016 · High Court
1,778
citing judgments

Late fees under section 234E are not applicable for periods prior to June 1, 2015, as the amendment to section 200A inserting clause (c) was effective from that date.

Kourani v. Union OF India
83 Taxmann.com 137 · 2017 · High Court
1,708
citing judgments

The fee under Section 234E for late filing of TDS/TCS statements cannot be levied retrospectively by processing an intimation under Section 200A for defaults occurring before the amendment allowing such processing.

CIT v. AIMIL Ltd.
321 ITR 508 · 2010 · High Court
1,629
citing judgments

Employee contributions to PF and ESIC, deposited beyond the due date under the respective Acts but within the due date for filing the income tax return under Section 139(1), are allowable deductions under Section 36(1)(va). Such disallowance cannot be made during processing under Section 143(1).

Fateh Raj Singhvi & Ors. v. UOI
289 CTR 602 · 2016 · High Court
844
citing judgments

A fee under Section 234E cannot be levied or adjusted in an intimation under Section 200A for TDS statements pertaining to periods prior to June 1, 2015, as the enabling amendment to Section 200A(1)(c) came into effect only from that date.

ACIT v. Vireet Investment Pvt. Ltd.
82 Taxmann.com 415 · 2017 · High Court
789
citing judgments

Disallowance computed under Section 14A, read with Rule 8D, cannot be added to book profits under Section 115JB for Minimum Alternate Tax (MAT) purposes. Additionally, for Section 14A disallowance, only investments that yielded exempt income during the year are considered for calculating their average value.

Rashmikant Kundalia v. Union of India
54 Taxmann.com 200 · 2015 · High Court
702
citing judgments

Section 234E, levying late fees for delayed filing of TDS statements under section 200(3), is constitutionally valid and constitutes a compensatory fee, not a punitive penalty. Before treating any person as an assessee-in-default, an opportunity of being heard must be provided.

Godrej & Boyce Manufacturing Company Ltd. v. DCIT
394 ITR 449 · 2017 · Supreme Court
683
citing judgments

Expenditure can only be disallowed under Section 14A if the income is exempt and not part of the total income. The Assessing Officer must first record dissatisfaction with the assessee's accounts or computation before proceeding to make a disallowance under Section 14A or applying Rule 8D.

Olari Little Flower Kuries (P.) Ltd. v. UOI
440 ITR 26 · 2022 · High Court
614
citing judgments

The fee under Section 234E of the Income-tax Act cannot be levied for defaults in filing TDS statements committed prior to June 1, 2015, as the provision for its levy became effective only from that date.

CIT v. Manu Engg
122 ITR 306 · 1980 · High Court
505
citing judgments

When levying a penalty under Section 271(1)(c), the Assessing Officer must clearly specify whether it is for concealment of income or furnishing inaccurate particulars. An ambiguous notice or order using "and/or" for these limbs, or a standard proforma without striking irrelevant clauses, indicates non-application of mind and renders the penalty unsustainable.

ACIT v. Saurashtra Kutch Stock Exchange Ltd.
305 ITR 227 · 2008 · Supreme Court
470
citing judgments

Non-consideration of a decision by a jurisdictional High Court or the Supreme Court constitutes a mistake apparent from the record. However, non-consideration of a non-jurisdictional High Court decision does not typically amount to such a mistake.

Judgments on Section 154

Divya Satkar Co-Op Hsg Society, Mumbai vs. Income Tax Officer Ward, -42(1)2, Mumbai

In the result, the solitary issue in this appeal covering all the 4 ground is of the appeal are allowed

ITA 4707/MUM/2023[2020-21]Status: DisposedITAT Mumbai27 Jun 2024AY 2020-21

Bench: Shri Prashant Maharishi (Am) I.T.A. No. 4707/Mum/2023 (A.Y. 2020-21) Divya Satkar Cooperative Vs. Ito-42(1)(2) Housing Society Limited Kautilya Bhavan Gaurav Garden Complex Bandra Kurla Complex Bunder Pakhadi Road Bandra East Kandivali West Mumbai-400 051. Mumbai-400 067. Pan : Aaaad4869R (Appellant) (Respondent) Assessee By Shri Devendra Bafna Department By Shri R.R. Makwana Date Of Hearing 05.06.2024 Date Of Pronouncement 27.06.2024 O R D E R 1. This Appeal Is Filed By Divya Satkar Cooperative Housing Society Mumbai (Assessee/Appellant) For Assessment Year 2020 – 21 Against The Appellate Order Passed By National Faceless Appeal Centre Nfac), Delhi (The Learned Cit – A) Dated 2/11/2023 Wherein Appeal Filed By The Assessee Against The Rectification Order Passed Under Section 154 In Order Under Section 143 (1) Of The Income Tax Act (The Act) By Central Processing Centre, Was Dismissed. Assessee Is Aggrieved With Denial Of Deduction Under Section 80 P (2) (D) Of The Act Of ₹ 170,163 To The Appellant On Interest Income Received From Cooperative Banks. 2. Brief Facts Of The Case Shows That Assessee Filed Its Return Of Income On 28/1/2021 Claiming Deduction Under Section 80 P (2) (B) On Account Of Interest On Fixed Deposit Of ₹ 157,869/– From Shamrao Vithal Cooperative Bank Ltd & Saraswat Cooperative Bank Ltd Along With The Interest On Savings Bank Account Of ₹ 12,294 Totaling To ₹ 170,163/–. Thus Central Processing Centre While Processing The Page 1 Of 5

Section 10ASection 139Section 142Section 143Section 154Section 80

Usha Janakalyan Nagar Chs Ltd, Mumbai vs. The Income Tax Officer-30(1)(1), Mumbai

In the result all three appeals filed by the assessee are allowed

ITA 4694/MUM/2023[2013-14]Status: DisposedITAT Mumbai27 Jun 2024AY 2013-14

Bench: Shri Prashant Maharishi (Am) I.T.A. No. 4694/Mum/2023 (A.Y. 2013-14) I.T.A. No. 4696/Mum/2023 (A.Y. 2018-19) I.T.A. No. 4697/Mum/2024 (A.Y. 2019-20) Usha Janakalyan Vs. Income Tax Nagar Chs Ltd. Officer, 211, Kharodi, Marver Ward 41(3)(4) Road, Malad West Room No. 722, Mumbai-400 095. Kautilya Bhavan, C-41 To C-43, G Pan : Aaaau1039J Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051 (Appellant) (Respondent) Assessee By None Department By Shri R.R. Makwana Date Of Hearing 13.06.2024 Date Of Pronouncement 27.06.2024 O R D E R 1. These Are The Three Appeals Filed By The Assessee Usha Jankalyan Nagar Cooperative Housing Society Ltd Mumbai For Assessment Year 2013 – 14, 2018 – 19 & 2019 – 20 Involving Similar Issue & Therefore As The Arguments Of The Parties Are Also Similar, Disposed Of By This Common Order. 2. Ita Number 4694/M/2023 Is Filed By The Assessee For Assessment Year 2013 – 14 Against Appellate Order Passed By The National Faceless Appeal Centre (Nfac) Delhi Dated 24/10/2023 Wherein The Appeal Filed By The Assessee Against Order Passed Under Section 154 Read With Section 143 (1) Of The Income Tax Act Dated 28/9/2018 Passed By The Ito Ward 30/1/1, Mumbai Was Dismissed. 3. The Brief Facts Of The Case Shows That The Assessee Is Aggrieved That Interest Received From Cooperative Bank Were Held To Be Not Eligible For Deduction Under Section 80 P (2) (D) Of The Act.

Section 10ASection 139Section 142Section 143Section 154Section 80

Sundargarh Educational Trust, at- Sankara vs. ITO, Exemption Ward, Sambalpur

In the result, appeal of the assessee is dismissed as withdrawn

ITA 168/CTK/2024[2014-15]Status: DisposedITAT Cuttack26 Jun 2024AY 2014-15

Bench: Shri George Mathanआयकर अऩीऱ सं/Ita No.168/Ctk/2024 (ननधाारण वषा / Assessment Year :2014-2015) Sundargarh Educational Trust, Vs Ito, Exemption Ward, Sambalpur At: Hospital Road, Sankara, Sundargarh, Odisha Pan No. :Aajts 8670 H (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) ननधााररती की ओर से /Assessee By : Shri Sandeep Kumar Jena, Advocate राजस्व की ओर से /Revenue By : Shri Charan Dass, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 26/06/2024 घोषणा की तारीख/Date Of Pronouncement : 26/06/2024 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 21.08.2023, Passed In Din & Order No.Itba/Nfac/S/250/2023- 24/1055263761(1) For The Assessment Year 2014-2015. 2. As Per The Office Note, There Is A Delay Of 178 Days In Filing The Present Appeal. In This Regard, The Assessee Has Filed An Application Along With Affidavit Stating Therein Sufficient Reasons For Condonation Of Delay, Which Ld. Sr. Dr Did Not Object To It. Looking To The Facts & Circumstances Of The Case & The Reasons Stated By The Assessee In The Affidavit For Delay, We Condone The Delay Of 178 Days In Filing The Present Appeal & Proceed To Dispose Off The Appeal Of The Assessee Finally. 3. It Was Submitted By The Ld. Ar That Initially An Intimation U/S.143(1) Of The Act Has Been Issued In Which The Benefits Of Section 11 Of The Act Had Not Been Granted To The Assessee Though The Same Has Been Claimed In The Return. It Was The Submission That The Assessee Had Filed

For Appellant: Shri Sandeep Kumar Jena, AdvocateFor Respondent: Shri Charan Dass, Sr. DR
Section 11Section 143(1)Section 154