2024 (8) TMI 1122 - AT - Income Tax

Rejection of the application to rectify the revised return filed - CPC not processed the revised return and rectification is not allowed - HELD THAT - The original return filed by the assessee was processed by the CPC on 12/09/2017. However, it was found from form 26 subsequently that assessee revised the return u/s. 139(5) on 03/01/2018 and self assessment tax was paid at Rs. 10,820/-. Subsequently, the assessee once again paid SA tax which was not as per the returns so filed. The self assessment tax paid does not arise out of either the revised return or the original return filed by the assessee. In the interest of justice, we are of the opinion that assessee is to file rectification application before the Ld.AO which the AO shall consider without considering any limitation issue that may be applicable. There is bonafides on the part of the assessee as the assessee was erroneously misled to deposit taxes which is not in consonance with the income for the year under consideration. It is a trite law that no tax can be collected without the authority of law. Based on this principle, we direct the Ld.AO to consider the rectification petition filed by the assessee. AO shall verify the returns filed by the assessee and shall compute the income in the hands of the assessee in accordance with law. Assessee shall furnish all relevant evidences in support of its claim. We may once again bring it to the notice of the authorities that the 154 petition filed by the assessee shall not be dismissed on the ground of limitation and shall process the return in accordance with law.

Summary

Issues:
1. Rejection of application to rectify the revised return.
2. Alleged erroneous tax payments made by the auditor.
3. Delay in refund and rectification process.
4. Appeal against rejection of rectification application.

Analysis:
1. The appeal before the Appellate Tribunal arose from the rejection of the application to rectify the revised return filed by the assessee for the assessment year 2016-17. The assessee declared income of Rs. 3,29,560/- and paid tax amounts of Rs. 3,89,850/- and Rs. 4,13,550/- on different dates. The issue was regarding the rejection of the rectification application by the authorities.

2. The facts of the case revealed that the auditor of the assessee erroneously deposited tax amounts on behalf of the assessee, which were later found to be payable by another client of the auditor. Despite the mistake, the refund was not claimed, and the auditor failed to rectify the error promptly. The delay in refund and rectification process led the assessee to seek assistance from another tax consultant to rectify the mistake.

3. The delay in processing the rectification application and the subsequent rejection based on the grounds of being time-barred and the nature of the communication received from the Income Tax Officer were contested by the assessee before the Appellate Tribunal. The Tribunal noted the bonafide intentions of the assessee and directed the Assessing Officer to consider the rectification petition without limitations, emphasizing that taxes should be collected in accordance with the law.

4. The Appellate Tribunal, after considering the submissions and facts of the case, allowed the appeal partly, directing the Assessing Officer to verify the returns filed by the assessee, compute the income accurately, and process the rectification petition in line with the law. The Tribunal emphasized that the rectification petition should not be dismissed on the grounds of limitation and instructed the authorities to proceed with the rectification process diligently.

In conclusion, the Appellate Tribunal's judgment focused on rectifying the erroneous tax payments made by the auditor on behalf of the assessee and ensuring that the rectification process is carried out in accordance with the law, emphasizing the importance of addressing the issue without limitations and delays.