Manjush Kumar Vs ACIT (ITAT Delhi)
ITAT Delhi held that typographical error is to be rectified by filing a rectification application under section 154 of the Income Tax Act and not by preferring an appeal.
Facts- The assessee preferred an appeal mainly that due to type error the exempt income declared in ITR was reported as Rs. 1,33,79,514 instead of actual exempt amount of 1,26,29,418/-. Capital account of M/s Jjrs Projects was provided to the Ld. AO where as capital introduction of Rs. 7,50,000/- was wrongly added to exempt income. Although capital account of M/s JjrS projects was provided to the Ld. AO but the same was not considered.
Conclusion- Held that CIT (A) has rightly provided liberty to the assessee to move rectification application u/s 154 of the Act before the A.O. Further, we are of the opinion that, if there is any typographical error the assessee has to invoke the Section 154 of the Act and not the Appellate Jurisdiction to rectify the mistakes committed during the assessment proceedings.
FULL TEXT OF THE ORDER OF ITAT DELHI
This appeal is filed by the assessee against the order of the ld. Commissioner of Income Tax (Appeals)-15, New Delhi [hereinafter referred to CIT (Appeals) dated 04.07.2019 for assessment year 2016-17.
2. The assessee has raised the following substantive grounds of appeal:-
“1. The impugned order of the learned CIT (A) dated 7th July 20 19 bad in law and on facts in sustaining the additions. The Ld. CIT(A) has failed to appreciate typo error which was also present on record.
2. Assessee has been wrongly declared exempted income in ITR amounting Rs.1,33,79,514/- instead of amounting Rs.1,26,29,418/- through typo error. This addition need to be delete.
3. On the facts and in law and in the circumstances of the case, the Ld. AO erred in disallowing the deduction claimed u/s 24 amounting to Rs.30,000/- in complete disregard to the details placed on”
3. None appeared for the assessee, the notice issued by the registry was duly served on the assessee and even after service of the notice, the assessee or his representative fail to appear before the Tribunal.
4. There is 14 days delay in filing the present appeal and an application has been filed by the Ld. DR. By considering the reasons mentioned in the application, the delay of 14 days in filing the appeal is condoned.
5. Brief facts of the case are that, the assessee has filed his return declaring an income of Rs.1,08,39,740/-, The assessment proceedings have been initiated against the assessee and an order u/s 143(3) of the Income Tax Act (‘Act’ for short) was passed on 13/12/2018 by assessing the income of the assessee as under:-
“In view of the above discussion, the total income of the assessee is recomputed as under:-
