ILJIN Automotive (P.) Ltd. v. ACIT (2025) 213 ITD 88 (Chennai) (Trib.)

S. 154: Rectification of mistake-Mistake apparent from the record-Enhance assessment or reduce refund-Order passed without giving an opportunity of hearing-Rectification order was set aside. [S. 143(3), 154(3)]

On appeal, the Tribunal held that where the Assessing Officer intends to enhance assessment or reduce refund or otherwise increase liability of assessee, he must give assessee a reasonable opportunity of being heard before passing a rectification order under section 154. Failure to issue statutory notice under section 154(3) before passing a rectification order, which resulted in enhancing assessment/reducing refund/increasing liability of assessee, was a per se violation of the statutory procedure prescribed by section 154. (AY. 2016-17 to 2018-19)

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