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2017 (9) TMI 561 - AT - Income TaxRectification of mistake - assessee filled the rental income twice, in the respective column ‘income from house property’ and also in the column ‘income from other sources’ - by the time the assessee realized this mistake, the time for filing of revised return income was over - Held that:- Since the CPC directed the assessee to approach respective AO, the assessee filed an application u/s 154 before AO to rectify the mistake committed by it in the return of income. AO should have entertained the rectification application of the assessee since the details in the balance sheet and P&L A/c filed by the assessee are not matching with the details filled in the return of income. Therefore, the mistake committed by the assessee is very much apparent on record, if the AO took little time to compare the balance sheet and return of income. It is the duty of the AO to assess the correct income of the assessee and collect the due tax. It is a settled law that revenue cannot collect any tax on any fictitious income. In the given case, assessee has by oversight filled the rental income twice in the respective column ‘income from house property’ and also in the column ‘income from other sources’ in the return of income, due to which, the income was doubled, which is fictitious income. As the mistake was apparent on record, we find it appropriate to remand back the file to the AO to rectify the above mistake and complete the assessment u/s 143(3) in accordance with law. We order accordingly. Appeal of the assessee is treated as allowed for statistical purposes
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