Case Law Details
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
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