For typographical error assessee has to invoke Section 154 not Appellate Jurisdiction to rectify mistakes committed during assessment proceedings – ITAT
ABCAUS Case Law Citation
ABCAUS 3626 (2022) (12) ITAT
In the instant case, the assessee had challenged the order passed by the CIT(A) in sustaining the additions.
The ground of the assessee inter alia was that the CIT(A) had failed to appreciate typo error which was also present on record.
The CIT(A) was of the opinion that the assessee was free to move rectification application u/s 154 of the the Income Tax Act, 1961 (the Act) to the A.O. Accordingly, dismissed the appeal.
The assessee submitted that due to clerical mistake, in return of income (ITR) capital introduction was wrongly added to exempt income. Although capital account was provided to the AO but the same was not considered.
The Tribunal observed that the assessee had made a submission before the CIT(A) to allow the assessee to rectify his mistake u/s 154 of the Act. Considering the admitted error of the assessee, the CIT (A) had rightly provided liberty to the assessee to move rectification application u/s 154 of the Act before the A.O.
The ITAT opined that if there is any typographical error the assessee has to invoke the Section 154 of the Act and not the Appellate Jurisdiction to rectify the mistakes committed during the assessment proceedings.
The ITAT opined that the order of the CIT(A) was neither erroneous nor had any legal infirmity in providing the liberty to more rectification application u/s 154 of the Act before A.O.
Accordingly, the appeal was dismissed.
Mere CBDT Instructions cannot absolve individuals of their obligation to explain the source and nature of their gold holdings, even…
Empanelment of General Observers for ICSI Examinations December 2026 ICSI has invited interested members to enroll as General Observers for…
ITAT answers some important and inter-related issues relating to deduction u/s 80IA In a recent judgment, ITAT has dealt with…
Carry forward of loss can not be denied for belated return, it is only the set off in subsequent year…
Where sales are duly recorded in books and VAT returns, to treat it bogus sales, AO must bringing cogent adverse…
Expenses to celebrate Diwali with staff creates a goodwill and, therefore amounts to expenses incurred for the purpose of business…