Section 13 in The Companies (Profits) Surtax Act, 1964
13. Rectification of mistakes.-
(1)With a view to rectifying any mistake apparent from the record, the Commissioner, the [Assessing Officer] [Substituted for the words "Income-tax Officer" by Act 04 of 1988, section 187], the [Chief Commissioner or Commissioner (Appeal)] [Substituted for the words "Appellate Assistant Commissioner" by the Act 2 of 1977, section 39 ] and the Appellate Tribunal may, of his or its, own motion or on an application by the assessee in this behalf, amend any order passed by him or it in any proceeding under this Act within four years of the date on which such order was passed.(2)An amendment which has the effect of enhancing the 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.(3)Where an amendment is made under this section, the order shall be passed in writing by the authority concerned.(4)Subject to the other provisions of this Act, where any such amendment has the effect of reducing the assessment, the [Assessing Officer] [Substituted for the words "Income-tax Officer" by Act 04 of 1988, section 187] shall make any refund which may be due to such assessment.(5)Where any such amendment has the effect of enhancing the assessment or reducing the refund already made, the [Assessing Officer] [Substituted for the words "Income-tax Officer" by Act 04 of 1988, section 187] shall serve on the assessee a notice of demand in the prescribed form specifying the sum payable.
