TMI Blog2014 (4) TMI 670X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - ITA No. 3696/M/2011 - - - Dated:- 28-2-2014 - Shri D. Karunakara Rao And Shri Sanjay Garg,JJ. For the Petitioner : Shri Satish R. Mody, A.R. For the Respondent : Shri M. L. Perumal, D.R. ORDER Per Sanjay Garg, Judicial Member: The present appeal has bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccurrence of error as made by the Appellant. 5. On the facts and in the circumstances of the case and in law the CIT(A) ought to have appreciated that when the total sales of the appellant during the year was Rs.2,87,97,735/- the total income of the appellant could not be higher and further the error in making the entries in the computation of total income while filing the e-return was evident from the other entries made under the head regarding Profit and Loss in the same original return of income itself and ought to have directed the Assessing Officer to recomputed the income of the Appellant as per the revised return filed. 3. A perusal of the grounds of appeal reveals that the main grievance of the assessee is that the lower auth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or 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. Though in the revised return the assessee claimed that its total income be recomputed at Rs.1,98,85,921/- but the revised return was rejected by the AO as it was filed after the completion of the assessment proceedings. 6. Though the revised return was rejected due to certain defects and also due to its filing after the completion of assessment proceedings, however, when a clerical mistake had come into the notice of the lower authorities that the total income has been wrongly written without decimal separator separating the amount into rupees and paisa, still the lower ..... X X X X Extracts X X X X X X X X Extracts X X X X
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