TMI Blog2014 (5) TMI 449X X X X Extracts X X X X X X X X Extracts X X X X ..... ation u/s 143 (1) if the circumstances so warrant - Commissioner of Income Tax Versus Sam Global Securities Ltd. [2013 (9) TMI 876 - DELHI HIGH COURT] - the technicalities in the given circumstances of the case ought not to obscure the justice - The justice demands that there is no impediment to relief - That appears to have been overlooked in entirety by the lower authorities and the Tribunal had failed to notice that the controlling expression in Section 154 is not “an error” which is somewhat colored by the exercise of power by the authorities - instead, the controlling expression is “any mistake” which has wider connotation and includes mistakes committed by the parties also – Decided in favour of Assessee. - ITA 199/2014 - - - Dated: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... included in the gross income was shown to be NIL and that the tax payable on that amount at an average amount of tax was also NIL and consequently the rebate allowable under Section 88E was likewise zero. The ITAT, therefore, reasoned as follows: - That when in the return of income the assessee himself has mentioned that the income arising from the transaction chargeable to securities transaction tax is nil and the rebate allowable under Section 88E is nil, then, the Assessing Officer cannot be said to have committed any error in the intimation under Section 143(1) in not allowing rebate under Section 88E. That under Section 154, the jurisdiction of the Assessing Officer is to rectify the mistake apparent from the record. Under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 1961, which allows the amendment of even intimation or deemed intimation under Section 143 (1) of the Act. The counsel also relied upon Section 154 (1A) of the Act to say that even after decision in any proceeding by way of an appeal or revision, it is upon the assessee or the party concerned to seek recourse to Section 154 (1). He relied upon the ruling reported as Commissioner of Income Tax v. Sam Global Securities Ltd., 2013 (9) TMI 876 (Delhi). 5. The learned counsel for the Revenue urged that this Court should not interfere with the findings of the Tribunal since the assessee was at fault and had in the income tax return form at the appropriate place mentioned the TDS to be Rs.18,93,867/- which was found to be inaccurate. In these ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8223; has been considered and decided in any proceeding by way of appeal or revision. Necessarily, this power extends even at the stage of the appeal and the further appeal to the ITAT. Even after such decision, it is open to the AO to amend the intimation under Section 143 (1) if the circumstances so warrant. We are wholly in agreement with the decision in Sam Global s matter (supra) that the technicalities in the given circumstances of the case ought not to obscure the justice. The justice demands, in the peculiar facts of the case, that there is no impediment to relief. That appears to have been overlooked in entirety by the lower authorities and the Tribunal had failed to notice that the controlling expression in Section 154 is not an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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