Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2014 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (4) TMI 670 - AT - Income TaxTypographical error – Error committed at the time of filing e-return – Non-exercise of power u/s 154 of the Act - Held that:- Due to some clerical error the decimal separator was not put in the total income declared by the assessee and as such the total income was treated at Rs.3,62,16,725/- instead of Rs.3,62,167.25 – it is an admitted fact that of the AO that there was a clerical error in writing the total income of the assessee - it was the duty of the AO to correct the figure exercising his powers u/s 154 of the Income Tax Act - On the failure of the AO to correct the figure, it was the duty of the CIT(A) to rectify the defect - the powers of the CIT(A) are coextensive with that of AO - No law of the land can justify the action of the lower authorities in taxing the assessee for the income which in fact has not been received by the assessee but due to some error in writing the figure to which the Revenue Authorities have also not disputed – thus, the AO is directed to assess the income of the assessee treating the total income at Rs.3,62,167.25 – Decided partly in favour of Assessee.
|