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Under section 363(2) of the Income-tax Act, 2025, what may the Income Tax Appellate Tribunal rectify in its own order, and within what period?

Question and options

Under section 363(2) of the Income-tax Act, 2025, what may the Income Tax Appellate Tribunal rectify in its own order, and within what period?

  1. A mistake apparent from the record, within six months from the end of the month in which the order was passed

  2. Any error of law or fact, within four years from the end of the tax year in which the order was passed

  3. Any error of law or fact, within six months from the end of the month in which the order was passed

  4. A mistake apparent from the record, within four years from the end of the tax year in which the order was passed

Answer and explanation

Correct answer: A - A mistake apparent from the record, within six months from the end of the month in which the order was passed

Section 363(2) of the Income-tax Act, 2025 lets the Appellate Tribunal amend its order to rectify a mistake apparent from the record, within six months from the end of the month in which the order was passed. The power does not extend to rehearing an error of law or fact on the merits, which needs an appeal to the High Court. A four-year period is the tempting wrong choice, but it is not the period this section allows.

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