TMI Blog2015 (7) TMI 729X X X X Extracts X X X X X X X X Extracts X X X X ..... return at any time before the expiry of one year from the end of the relevant assessment year or before the completion of the assessment, whichever is earlier. From the provisions, it is evident that it is not the case that Revenue Authorities have to accept whatever stated in the return and compute the taxable income mechanically. As per provisions of section 143(1) of the Act, the concerned Revenue Authority has to examine whether any claim as made by the assessee is correct or not. In our considered view, this includes under statement and overstatement of the income. If the Revenue Authority failed to take note of any incorrect claim with regard to total income of the assessee, such failure would necessarily mean mistake apparent from the record. we hereby set aside the order of the ld.CIT(A) and direct the AO to allow the application of the assessee made u/s.154 of the Act and grant refund amount of ₹ 1,88,580/-. See Pawan Kumar Aggarwal vs. CIT [2014 (5) TMI 449 - DELHI HIGH COURT] - Decided in favour of assessee. - I.T.A. No.2100/Ahd/2011 - - - Dated:- 17-7-2015 - Shri Anil Chaturvedi and Shri Kul Bharat, JJ. For the Petitioner : Ms.Urvashi Shodhan, AR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... back to amount of profit. Thus, taxable income was overstated by ₹ 5,00,000/-. The ld.counsel for the assessee submitted that the authorities below have dismissed the appeal simply on the basis that the assessee ought to have filed a revised return. The ld.counsel for the assessee submitted that even if there is a mistake on the part of the assessee in the return of income, that mistake can be rectified by invoking the provisions of section 154 of the Act. The ld.counsel for the assessee placed reliance on the judgement of the Hon ble High Court of Delhi rendered in the case of Pawan Kumar Aggarwal vs. CIT in ITA No.199/2014 dated 06/05/2014 and the decision of the Coordinate Bench (ITAT Kolkata Bench B ) rendered in the case of DCIT vs. Justice Dilip Kumar Seth reported at (2006) 98 ITD 241 (Kol.) 4.1. On the contrary, ld.Sr.DR submitted that there is no illegality in the orders of the authorities below. He submitted that the assessee has not pointed out any mistake apparent from the order of the AO. He placed reliance on the judgement of Hon ble High Court of Kerala rendered in the case of M.Far Hotels Ltd. vs. CIT reported at (2015) 55 taxmann.com 103(Kerala). 5. W ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t whether the mistake on the part of the AO in the return so filed can be rectified by invoking the provisions of section 154 of the Act. At this stage, it would be appropriate to examine the relevant provisions relating to filing of the return and process of the same. 5.2. As per Section 139(1) of the Act, return is required to be filed by every person, (a) being a company (or a firm) or; (b) being a person other than a company (or a firm), if his total income or the total income of any other person in respect of which he is assessable under this Act during the previous year exceeded the maximum amount which is not chargeable to income-tax. Shall, on or before the due date, furnish a return of his income or the income of such other person during the previous year, in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed. 5.3. As per Section 139(5) of Act, If any person, having furnished a return under sub-section (1), or in pursuance of a notice issued under sub-section (1) of section 142, discovers any omission or any wrong statement therein, he may furnish a revised return at any time before the expiry of on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Act; [(b) amend any intimation or deemed intimation under subsection (I) of section 143.]] [(IA) Where any matter has been considered and decided in any proceeding by -way of appeal or revision relating to an order referred to in sub-section (1), the authority passing such order may, notwithstanding anything contained in any law for the time being in force, amend the order under that sub-section in relation to any matter other than the matter which has been so considered and decided.] (2) Subject to the other provisions of this section, the authority concerned- (a) may make an amendment under sub-section (1) of its own motion, and (b) shall make such amendment for rectifying any such mistake which has been brought to its notice by the assessee, and where the authority concerned is the [***] [Commissioner (Appeals)], by the [Assessing] Officer also. It is apparent from the bare reading of the above provision that the power of rectification extends to amendment of an intimation or deemed intimation under Section 143. This power enures even after 'the matter' has been considered and decided in any proceeding by way of appeal or revision. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
