2022 (8) TMI 263 - AT - Income Tax

Rectification of mistake u/s 154 - AO rejected the application on the ground that on careful consideration, it is noted that the rectification of mistake sought by the assessee does not come under the provisions of section 154 - HELD THAT - Once the assessee has brought into notice of the AO that due to some typographical or technical mistake, the assessee has offered the income 10 times more to the actual income while filing the return of income. Then the AO is expected to verify the correctness of the total income of the assessee. Though there is a remedy to revise the return but if the assessee could not revised its return of income within the period prescribed, it does not mean that there is no remedy for such a mistake leading to incorrect assessment. Even otherwise, if assessee has offered an income to tax by mistake or due to technical mal functioning of computer system, the appellate authority has the jurisdiction to rectify such mistake and particularly to avoid the assessment of the income which is not the real income of the assessee. Accordingly, the mistake pointed out by the assessee in the applications under section 154 was required to be verified by the Assessing Officer from the bank account as well as the accounts maintained by the assessee. Prima facie it appears that for both the assessment years, the gross receipt of the assessee were not more than Rs. 32,000/- or Rs. 35,000/- and hence, the total income mentioned in the return of income and finally assess to tax at Rs. 2647740/- and Rs. 2779250/-, respectively for the assessment years 2013-14 and 2014-15 is not the real income of the assessee. Since neither the Assessing Officer nor the CIT(A) has verified the correct facts about the wrong income offered to tax by the assessee due to typographical mistake or technical mistake while filing the return of income therefore, the matter for both the assessment years are set aside to the record of the Assessing Officer for reconsideration of the same after a proper enquiry and verification of the record to find out the correct facts about the income of the assessee for these two assessment years and then assess the correct income of the assessee.

Issues Involved:
1. Typographical or technical error in the income reported in the return.
2. Rejection of rectification application under Section 154 by the Assessing Officer.
3. Dismissal of the appeal by the CIT(A) confirming the erroneous assessment.
4. Verification of actual income against the reported inflated income.

Detailed Analysis:

1. Typographical or Technical Error in the Income Reported in the Return:
The assessee claimed that the income reported for the assessment years 2013-14 and 2014-15 was erroneously inflated due to a typographical or technical error. The correct income should have been Rs. 26,477/- and Rs. 27,792/- respectively, but it was mistakenly recorded as Rs. 26,47,737/- and Rs. 27,79,249/-. This error was attributed to a possible technical malfunction or typographical mistake during the filing of the return.

2. Rejection of Rectification Application under Section 154 by the Assessing Officer:
The assessee filed an application under Section 154 of the Income Tax Act to rectify the mistake. However, the Assessing Officer rejected the application on the ground that the rectification sought did not fall under the provisions of Section 154. The Assessing Officer's stance was that there was no apparent mistake on record that could be rectified under this section.

3. Dismissal of the Appeal by the CIT(A) Confirming the Erroneous Assessment:
The CIT(A) dismissed the assessee's appeal, agreeing with the Assessing Officer's decision. The CIT(A) held that the assessee should have filed a revised return under Section 139(5) within the prescribed time limit to correct any mistakes. The CIT(A) concluded that there was no apparent mistake in the processing of the return under Section 143(1) and thus, no grounds for rectification under Section 154.

4. Verification of Actual Income Against the Reported Inflated Income:
The Tribunal considered the rival submissions and relevant material on record. It was noted that the Assessing Officer, being a quasi-judicial authority, is obligated to assess the correct income of the assessee. The Tribunal emphasized that the Assessing Officer should not take advantage of the assessee's mistake but should assist in securing the correct relief. The Tribunal highlighted that the State should not benefit unduly from the assessee's error. The Tribunal directed the Assessing Officer to verify the correctness of the total income reported by the assessee, considering the bank accounts and other records. The Tribunal found that the actual gross receipts of the assessee were not more than Rs. 32,000/- or Rs. 35,000/- for the relevant years, indicating that the inflated income figures were incorrect.

Conclusion:
The Tribunal set aside the orders of the Assessing Officer and the CIT(A) and remanded the matter back to the Assessing Officer for reconsideration. The Assessing Officer was directed to verify the correct income of the assessee after proper enquiry and verification of the records. The Tribunal emphasized providing the assessee an appropriate opportunity of hearing before passing a fresh order. Consequently, the appeals of the assessee were partly allowed.

← Previous Next →