Rectification of a mistake in an order
Fixing an obvious error in an FBR order without going to appeal.
When this applies
There is a mistake apparent from the record — a wrong figure, a credit not given, an arithmetic error.
Time limits, fees and sections
| Item | Rule | Section |
|---|---|---|
| Who can rectify | Commissioner, Commissioner (Appeals) or Appellate Tribunal | s.221(1) |
| Deemed rectified | If no order is made by the end of the next financial year after you point it out | s.221(3) |
| Outer limit | No rectification after 5 years from the order | s.221(4) |
Step-by-step procedure
The section of law behind each step is shown beside it.
- 1Identify the mistakes.221(1)
It must be apparent from the record, not a matter of argument.
- 2Apply in writings.221(1)
Point out the mistake with evidence (challans, certificates).
- 3Hearing if adverses.221(2)
No adverse rectification without a hearing.
- 4Order or deemed rectifications.221(3)
If the officer doesn't act in time, the mistake is treated as rectified.
Documents to prepare
- Order with the mistake
- Evidence of correct figures
Practical tips
- Use rectification for clear errors and appeal for disputed issues; keep the appeal deadline in mind while waiting
