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TMI Blog2016 (9) TMI 1003X X X X Extracts X X X X X X X X Extracts X X X X ..... age 33 of the case file reveals purchase figures of ₹ 35,33,426/- resulting in net profits of ₹ 1,64,716.75/-. These figures are based on duly audited books. There is no issue before us on correctness thereof. We observe in totality of all these facts that the only option before this assessee was to file for the impugned rectification u/s. 154 of the act in view of the correct figures given in her P & L account and books which were retained as per the Board’s circular hereinabove (supra). - ITA No. 169/Ahd/2015 - - - Dated:- 16-8-2016 - Shri Pramod Kumar, Accountant Member and Shri S. S. Godara, Judicial Member For The Revenue : Shri James Kurian, Sr. D.R. For The Assessee : Shri Sapnesh Seth, A.R. ORDER PER : S. S. GODARA, JUDICIAL MEMBER:- This assessee s appeal for A.Y. 2008-09, arises from order of the CIT(A)-V, Surat dated 28-10-2014 in appeal no. CAS/V/128/2013- 14, in proceedings under section 154 of the Income Tax Act, 1961; in short the Act . 2. The instant appeal raises the following substantive grounds:- 1. On the facts and circumstances of the case as well as law on the subject, the learned Commissioner of Income Tax ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,365/- and the yam processing, expenses of ₹ 35,287/- was remained to be entered in the Return of Income through mistake. There was a software problem in generating the Acknowledgment of return of Income. Acknowledgment should have been generated as per the computation of income. Thus, there is a total mistake of ₹ 33,22,462/- Sir, in the return of income the Balance Sheet is correct. The computation of income is also correctly entered. The Tax calculation was also correct (the Tax Payable is Nil). Only the Profit and Loss Account was incorrectly filled in the return of income, due to the above mistakes. Sir, as mine was the Audit case in that year, All Purchases are vouched and verified by the Auditor. Payment of purchases were also made by Cheques. Sir, the new annexureless Returns were introduced just before the beginning of the year and this was a genuine human mistake. Kindly, rectify the mistake apparent from records. Sir, I am enclosing herewith the copy of the account set, computation of income and audit report for your verification. Copy of Return of income filed is also enclosed. 4. The Assessing Officer declined the above recti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion of certain claim of expenses, which is neither any arithmetical error nor an incorrect claim. It is apparent from the return of income for AY 2008-09 that the purchase has been shown of ₹ 3,33,426/-. Therefore, any adjustment regarding quantum of purchase and amount of other unclaimed expenses under various heads is beyond the purview of section 143(1)(a) of the IT Act Therefore, remedial action u/s 154 cannot be done in respect of those adjustments, which cannot be done u/s 143(1)(a) of the IT Act. It is a settled law that the order u/s 154 of the IT Act can be passed only where the mistake is apparent from the record and must be obvious and patent. The relevant provisions of section 154 of IT Act, 1961 reads as under: Section 154 [(l) With a view to rectifying any mistake apparent from the records an income-tax authority referred to in section 116 may, - (a) amend any order passed by it under the provisions of this Act; [(b) amend any intimation or deemed intimation under subsection (1) of section 143,]] [(1A) Where any matter91 has been considered and decided in any proceeding by way of appeal or revision relating to an order referred to i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from record. 6.2.1 The other issue arises here whether an assessee can claim any deductions in the computation of income filed before the AO or the appellate proceedings and claim to revise his return of income by way of filing a revised statement of income after filing original return other than by way of filing revised return of income as contemplated under section 139(5)? It is quite possible and natural that in submitting a return, some bona fide omission or wrong statement may have occurred. In order to obviate this possibility the. legislature has made provisions in section 139(5) enabling an assessee to furnish a revised return. Thus, the assessee has a right to file revised return if he discovers any omission or any wrong statement in the original filed return. Such a revised return can be furnished at any time before the expiry of one year from the end of the relevant assessment year or the completion of the assessment, whichever is earlier. Thus, the statute provides safeguard to an assessee in case he discovers any omission or wrong statement in his original return to file a revised return. The further requirement is that this omission or wrong statement in the or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion by the appellant is not a mistake apparent from record and is neither patent nor obvious. The appellant had not filed any revised return of income to claim deductions as envisaged in the law. Hence, the action of the AO is upheld and the ground of appeal is dismissed. 6.3.2 The appellant in his submission had also contended that he had not received any intimation u/s 143(1) and therefore the demand raised for AY 2011-12 is not valid. This contention of the appellant does not arise from the grounds of appeal taken up by the appellant and therefore it is not being adjudicated. 6. We have heard both the sides reiterating their respective claims. Case file perused. There is no dispute that the impugned assessment year is the first year of filing electronic return. The Central Board of Direct Taxes has also issued a circular no. 6/2008 dated 18-07-2008 advising the assessees to retain with themselves all annexures relating to computation of income, TDS/TCS certificates, challans, counterfoils relating to advance and self assessment taxes and audit report to be produced as and when called by the Assessing Officer. We repeat that neither there is any such call or intimat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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