Section 17. Rectification of mistakes

(5) Where any such amendment has the effect of enhancing the assessment or reducing the refund already made, the [2][Assessing Officer] shall serve on the assessee a notice of demand in the prescribed form specifying the sum payable. [Footnotes] 1. Subs. by Act 29 of 1977, s. 39 and the Fifth Schedule, for "Appellate Assistant Commissioner" (w.e.f. 1-4-1977). 2. Subs. by Act 49 of 1991, s. 105, for "Income-tax Officer" (w.e.f. 1-10-1991). 3. Subs. by Act 67 of 1984, s. 82, for "within four years of the date on which such order was passed" (w.e.f. 1-10-1984). (3) Where an amendment is made under this section, the order shall be passed in writing by the authority concerned. (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. (4) Subject to the other provisions of this Act, where any such amendment has the effect of reducing the assessment, the [2][Assessing Officer] shall make any refund which may be due to such assessee. (1) With a view to rectifying any mistake apparent from the record, the Commissioner, the [2][Assessing Officer], the [1][Commissioner (Appeals)] 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 [3][within four years from the end of the financial year in which such order was passed]. 17. Rectification of mistakes.