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Query asked by CA Ujjwala Gupta on April 16, 2021

Re: Rectification of FORM 1 post issue of FORM3

The Company has paid taxes under MAT. Even after accepting the disputed income tax is payable under MAT. While settling the disputed income under Vsv the company inadvertently not filled up Schedule -D and instead fill schedule A with tax liability NIL.

Effectively the as taxes were payable under MAT provision no tax under normal provisions were required to be paid. while merely MATC was required to be reduced. Now DA has issued FORM -3 with a demand.
Can company file a rectification to DA for amendment of FORM-3 ? what are the possible way out of rectification ?

Please refer CBDT Circular No 21 /2020 dt  4-12-2020  dt  Q. No 89 and Answer given by the CBDT , which clearly state that  , declarant can revise the declaration any number of times before DA issues a certificate under section 5(1) of the Act .  It may be desirable file rectification application . The Designated Authority has power to rectify the form .3.  The assessee may approach the Designated Authority .   

 


 

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