9911796707
TMI Blog2023 (3) TMI 99X X X X Extracts X X X X X X X X Extracts X X X X ..... xempt from tax had been included in the income returned and the relief claimed u/s 89(1) of the Act had been inadvertently so claimed, it tantamounted to nothing but seeking rectification of mistakes apparent from record. Having found, there were apparent and obvious mistakes in the return filed by the assessee, from the record itself, which was brought to the notice of the AO immediately on receiving intimation, and which mistake on merits the AO admitted to also, we find no reason for rejecting the assessee s claim of rectification under section 154 of the Act. Even otherwise, CBDT vide its Circular No.014(XL-35)/1955 dated 11.4.1955 has long back laid down the duty of its officer to compute correct income in law and even advise the as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the impugned assessment year i.e.Asst.Year 2014-15, disclosing income from salary of Rs.34,07,604/- and the tax payable on the same being Rs.8,77,664/- against which he had claimed relief under section 89(1) of the Act of Rs.30,43,597/-, thus reflecting NIL taxes payable for the impugned year. The details furnished in his return copy of which was placed before us at PB Page No.2 3 being ITR-1 for the impugned year filed on 19.6.2014, are as under: Income from Salary : Rs.34,07,604/- Deduction under section 80C : Rs. 600/- Total Taxable income : Rs.34,07,004/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The assessee also furnished copy of his Form No.16 reflecting the salary received during the year only to the extent of Rs.1,66,956/-. The AO however rejected the assessee s request for rectification of intimation stating that exempt income had not been returned as such in the return of income filed; that the assessee needed to file a revised return within the time allowed by law for revising this original return and in the absenceof such revised return, the assessee s application for rectification of intimation could not be entertained. The same was upheld by the ld.CIT(A). 4. We have heard both the parties. 5. The issue for consideration before us is whether the inclusion of tax exempt income of Rs.34,07,004/- in the total income re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rent and obvious mistakes in the return filed by the assessee, from the record itself, which was brought to the notice of the AO immediately on receiving intimation, and which mistake on merits the AO admitted to also, we find no reason for rejecting the assessee s claim of rectification under section 154 of the Act. Even otherwise, CBDT vide its Circular No.014(XL-35)/1955 dated 11.4.1955 has long back laid down the duty of its officer to compute correct income in law and even advise the assessee as to its benefit. In the present case, it appears that the Revenue officers have not acted in accordance with their duty so laid down by the CBDT. 8. In view of the above, we direct that rectification sought by the assessee of excluding the ex ..... X X X X Extracts X X X X X X X X Extracts X X X X
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