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TMI Blog2015 (6) TMI 1118X X X X Extracts X X X X X X X X Extracts X X X X ..... wrong in holding that assessee is not entitled to get the impugned mistake rectified. The adjustment sought for by the assessee in the rectification application would be in accordance with the provisions of section 143(1) and is an inadvertent mistake which is rectifiable under the provisions of section 154 of the Act. Accordingly, we hold that there is a mistake apparent from record which is required to be rectified. We direct the AO as well as Computerized Processing Center to rectify the mistake and accept the application filed by the assessee under the provisions of section 154 of the Act. X X X X Extracts X X X X X X X X Extracts X X X X ..... ing on technical considerations when pitted against substantial justice. e) not holding the Return of Income as defective within the meaning of Sec.139(9) and allowing rectification of the same and directly rejecting the loss in the intimation made u/s.143(1) dt.10.05.2010. All the Grounds of Appeal are without prejudice to each other." 2. In this case originally the return was filed electronically. Copy of this return is filed in the paper book from page 1 to 24. It is the case of the assessee that while filing the return electronically mistake has crept in while filling column No.43 at page -5 of the return, wherein the assessee was required to state the "profit" before taxes "(40-41-42)" as nil, whereas it was required to submit a f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed before ITO as well as before Centralized Processing Center are reproduced below: "Date 21st June 2010 To Income Tax Officer, Ward 22(1)2, Mumbai. Sub: Request for Rectification order U/s. 154 of Income Tax Act, 1961. Ref: Jigna Dharmendra Upadhay: PAN: AAGPU3104K ,A.Y. 2009-10. Respected madam. We thank you for completing the assessment of our above mentioned client for the above referred period. We have received intimation under section 143(1) of the income Tax Act, 1961 whereby you have erroneously not considered business losses of current year. For your perusal we are attaching herewith computation of Total Income for above referred period. Hence we request you to kindly consider the same and pass the rectifica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uting loss under the head "income from Business or Profession' and allow the unabsorbed loss of ₹ 20,33,488 to be carried forward and issue to our client revised intimation or order u/s 154 at your earliest. Yours truly For A.P.Doshi & CO, Chartered Accountants." 3.1 However, the AO has not decided the application as against that Computerized Processing Centre has rejected the application with the following observations: Dear Madam/Sir, Subject: Rejection of request for Rectification, Under Section 154 of the Income Tax Act, 1961-reg. Please refer to the rectification request filed by you for the assessment year 2009-10 in respect of above mentioned order and received at Centralized Processing Centre on 30.7.2010 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ollowing aforementioned provisions, therefore, there is no mistake. Ld. CIT(A) has also referred to other decisions to arrive at the conclusion that the mistake claimed by the assessee does not fall within the ambit of work "mistake" as found in section 154. The assessee is aggrieved, hence has filed aforementioned grounds of appeal. 5. After narrating the facts, it was submitted by Ld. AR that there is a provision contained in section 154 that, if there is a mistake, the same should be rectified. The assessee had filed application before the AO as well as Computerized Processing Centre. The mistake was apparent from record as there was only a mistake in filling column No.43, whereas in the same return at several other places the figure wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been so furnished; or (iii) in respect of a deduction, where such deduction exceeds specified statutory limit which may have been expressed as monetary amount or percentage or ratio or fraction; (b) the acknowledgment of the return shall be deemed to be the intimation in a case where no sum is payable by, or refundable to, the assessee under clause (c), and where no adjustment has been made under clause (a)." The mistake, as is claimed by the assessee to be apparent from the record would fall within sub-clause (i) of clause (a) of the Explanation as the figure of "nil" stated against column No.43 would be inconsistent with the other entries of the same or some other items in the same very return. Therefore, Ld. CIT(A) was wrong in hold ..... X X X X Extracts X X X X X X X X Extracts X X X X
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