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TMI Blog2020 (5) TMI 621X X X X Extracts X X X X X X X X Extracts X X X X ..... inge benefits is ₹ 5 09560 is correct. Hence, there is an apparent error, which needs to be rectified. The central processing centre has taken the correct value of the fringe benefits automatically whereas it did not pay any heed to the figures mentioned of total fringe benefits of ₹ 5 09560. Naturally, there is an error in the return of income filed by the assessee apparently. Assessee cannot be asked to pay the tax on incorrect computation. He can be burdened with the tax liability only on the correct value of the fringe benefits. The assessee is saying that there is an error in input of figures of four quarters, which is the total of expenses and not the value of fringe benefit in those expenses. No infirmity in the reques ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tax, 1961. 3. That the Ld. CIT(A) has erred in law as well as on facts by not considering the fact that bifurcation of the amount given in Part C of Computation of Fringe benefits and Fringe Benefit Tax on Fringe benefit tax value for each quarter of ₹ 6,93,986/-, ₹ 7,33,425/-, ₹ 8,14,860 and ₹ 6,34,037/- and not the assessable value of FBT. 4. That the Ld. CIT(A) has erred in law as well as on facts by not considering the mistake apparent from record warranting any amendment in the processing u/s 115WE(1) of the Income Tax Act, 1961. 5. That the Ld. CIT(A) as well as the Ld.AO has erred in law as well as on facts by not appreciating the fact that the assessable value of FBT is of ₹ 5,09,560 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mputed instead of ₹ 5 09560/ . The learned assessing officer disposed of the rectification application of the assessee on 17 January 2018 stating that assessee has given value of fringe benefits for four-quarters which amounts to ₹ 2876309/-, however in the return of income it has been wrongly totaled at ₹ 5 09560/ . Therefore while processing the return of income on 30/10/2000 at the correct total amount of the fringe benefit value was adopted at ₹ 2876309/-. The order was communicated by the central processing unit of the income tax Department. Assessee filed a rectification application under section 154 on a 1/8/2017 by the ld AO against which order under section 154 of the act was passed on 4/8/2017 stating th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a revised return within the due time. Thus, there being no mistake in processing by the Department. The learned assessing officer held that there is no mistake apparent from record warranting any amendment in the processing under section 115WE (1) on 30/10/2008 and rejected the rectification application of the assessee. 4. Therefore, the assessee filed an appeal against the order dated 17 January 2018 passed by the learned assessing officer under section 154 of the income tax act before the Commissioner of income tax (appeals) -1, New Delhi. He passed an order dated 23/7/2019 at ₹ 2 876309 as processed by the central processing unit. Accordingly the finding of the learned CIT A that the return of income has been processed accord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t value of total fringe benefit is only ₹ 5 09560/-. He stated that assessee has wrongly entered the figures for first quarter to fourth-quarter. Even otherwise he submitted that the tax can be levied on the correct value of the fringe benefit which is shown at ₹ 5 09560. Therefore, there is an apparent mistake in the return of income, which needs to be rectified. He submitted that lower authorities have ignored this submission of the assessee and has merely gone on figures of the four quarters inserted in return but has clearly ignored the total mentioned by the assessee at ₹ 5 09560. 6. The learned departmental representative vehemently supported the orders of the lower authorities and submitted that assessee has give ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s is only ₹ 2 876308/ however the assessee has also put a figure of total of fringe benefits as 509560. Therefore, apparently there is an error apparent from the record. Either the total of ₹ 2876308/- is correct or actual value of total fringe benefits is ₹ 5 09560 is correct. Hence, there is an apparent error, which needs to be rectified. The central processing centre has taken the correct value of the fringe benefits automatically whereas it did not pay any heed to the figures mentioned of total fringe benefits of ₹ 5 09560. Naturally, there is an error in the return of income filed by the assessee apparently. Assessee cannot be asked to pay the tax on incorrect computation. He can be burdened with the tax lia ..... X X X X Extracts X X X X X X X X Extracts X X X X
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