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Gift - Tax Act, 1958


34. Rectification of mistakes.

  1. With a view to rectifying any mistake apparent from the record--

  1. the Gift-tax Officer may amend any order of assessment or of refund or any other order passed by him ;

  2. the Appellate Assistant Commissioner 2[ or the Commissioner (Appeals)] may amend any order passed by him under sub-section (1) of section 17 or under section 22 ;

  3. the Inspecting Assistant Commissioner may amend any order passed by him under sub-section (3) of section 17 ;

  4. the Commissioner may amend any order passed by him under sub-section (1) of section 17 or under section 24 ;

  5. the Appellate Tribunal may amend any order passed by it under sub-section (1) of section 17 or section 23 or section

  1. Subject to other provisions of this section, the authority concerned

  1. may make an amendment under sub-section (1) of its own motion ; and

  2. shall make such amendment for rectifying any such mistake which has been brought to its notice by the assessee, and where the authority concerned is- the Appellate Assistant Commissioner 2[ or the Commissioner (Appeals)] or the Appellate Tribunal by the Gift-tax Officer also.

  1. An amendment, which has the effect of enhancing an assessment or reducing a refund or otherwise increasing the liability of the assessee, shall not be made under this section unless the authority concerned has given notice to the assessee of its intention so to do and has allowed the assessee a reasonable opportunity of being heard.

  2. Where an amendment is made under this section, an order shall be passed in writing by the Gift-tax authority concerned,.

  1. Subs. by Act 53 of 1962, S. 26, for s, 34 (w.e.f. 1-4-1963).

  2. Ins. by Act 29 of 1977, s. 39 & V (w.e.f. 10.7.1978).

  1. Subject to the provisions of subsection (2) of 1[section33A], where any such amendment has the effect of reducing the assess-ment, the Gift-tax Officer shall make any refund which may be due to such assessee.

  2. Where any such amendment has the effect of enhancing the assessment or reducing a refund already made, the Gift-tax Officer shall serve on the assessee a notice of demand in the prescribed form specifying the sum payable, and such notice of demand shall be deemed to be issued under section 31 and the provisions of this Act shall apply accordingly.

  3. No amendment under this section shall be made after the expiry of four years from the date of the order sought to be amended.]



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