9911796707
TMI Blog2017 (9) TMI 561X X X X Extracts X X X X X X X X Extracts X X X X ..... 2010-11 on 09/10/2011 declaring total income of Rs. 3,99,530/-, which was processed u/s 143(1) of the Act by raising a demand of Rs. 1,28,945/-. On receipt of the demand, assessee filed an application before the CPC with a request that the income from house property was wrongly mentioned twice against the columns 'income from house property' as well as against 'income from other sources' and thereby returned the same income twice in the original return of income filed. The CPC forwarded the application to ITO, Ward - 2(1), Hyderabad. The assessee filed an application before the AO for rectification of the said mistake u/s 154, when the bank account was attached for recovery of tax demand, with the prayer that there was a mistake in filling ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppearance was not essential as all the relevant facts are on record. 3. Learned CIT (A) & Assessing Officer have erred in holding that because a revised return was not filed assessee is disentitled to apply for rectification of intimation on ix]». 143(1) issued by Central Processing Centre in which a mistake occurred on account of the mistake in the return filed by the assessee. 4. They failed to appreciate that for rectification u/s. 154, a period of four years is available unlike for a revision of a return. The assessee cannot legally be compelled to choose a particular remedy in preference to another. 5. Lower authorities are not at all justified in holding that the mistake apparent from record is confined to arithmetic error ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quo;, 154 of the LT. Act. 4. Learned CIT(A) has failed to appreciate that he has power to consider a claim even though a revised retum has not been filed. 5. Learned CIT(A) has power and duty to ascertain the correct tax liability as he has plenary powers to decide any issue in appeal." 4.2 As the additional grounds on the above issues are legal in nature and do not require any fresh facts or any investigation for considering them as well as the additional grounds go to the root of the matter, we admit the same. 5. Ld. AR of the assessee submitted that the assessee filed return of income as per the Profit & loss and balance sheet, which were duly audited. While filing return of income, by oversight, rental income was filled in the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee filled the rental income twice, in the respective column 'income from house property' and also in the column 'income from other sources' by which, the total income of the assessee was doubled. Since the assessment was completed u/s 143(1) by CPC, the assessee approached CPC for the rectification of the above mistake in stead of filing revised return of income, which could have solved the problem of the assessee. However, by the time the assessee realized this mistake, the time for filing of revised return income was over. 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. In our considered view, the AO ..... X X X X Extracts X X X X X X X X Extracts X X X X
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