2022 (12) TMI 648 - AT - Income Tax

Tribunal upholds CIT decision on deduction claim & clerical error rectification.

The Tribunal dismissed the appeal filed by the assessee against the order of the Commissioner of Income Tax (Appeals). The Tribunal upheld the decision of ... Rectification of mistake u/s 154 - difference in exempt income claimed by the assessee and the document furnished during the assessment proceedings - HELD THAT:- As admitted by the assessee himself vide written statement filed before the A.O., that the above addition was made due to the clerical error done on the part of the assessee while filing the return and accordingly, the Ld. AR has made a submission before the CIT(A) to allow the assessee to rectify his mistake u/s 154 - Considering the admitted error of the assessee, CIT (A) has rightly provided liberty to the assessee to move rectification application u/s 154 of the Act before the A.O. 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. The order of the Ld.CIT(A) neither erroneous nor has any legal infirmity in providing the liberty to more rectification application u/s 154 of the Act before A.O., thus, we do not find merit in the grounds of appeal of the assessee. Issues:- Appeal against order of Commissioner of Income Tax (Appeals)- Disallowance of deduction claimed under section 24- Clerical error in exempt income reportedAnalysis:1. Appeal against order of Commissioner of Income Tax (Appeals): - The appeal was filed by the assessee against the order of the Commissioner of Income Tax (Appeals) for the assessment year 2016-17. The assessee raised substantive grounds challenging the order of the CIT (Appeals) dated 04.07.2019. However, no one appeared for the assessee during the proceedings, even though notice was duly served.2. Disallowance of deduction claimed under section 24: - The assessee contested the disallowance of the deduction claimed under section 24 amounting to Rs.30,000. The Assessing Officer had disallowed this deduction, which the assessee argued was in complete disregard of the details placed on record. The issue of disallowance of this deduction was a key point of contention in the appeal.3. Clerical error in exempt income reported: - Another significant issue raised by the assessee was the clerical error in reporting the exempt income in the Income Tax Return. The actual exempt income was stated to be Rs.1,26,29,418; however, due to a typographical error, it was reported as Rs.1,33,79,514. The assessee sought rectification of this error, emphasizing that the discrepancy was due to a clerical mistake while filing the return.4. Decision and Rationale: - The Tribunal considered the grounds of appeal raised by the assessee. The CIT (Appeals) had confirmed the assessment order, noting that the addition to exempt income was due to a clerical error by the assessee. The Tribunal upheld the decision of the CIT (Appeals) and emphasized that the assessee could rectify such errors under Section 154 of the Act, rather than through the appellate jurisdiction. - The Tribunal found no legal infirmity in the order of the CIT (Appeals) and dismissed the appeal filed by the assessee. It was concluded that the grounds of appeal lacked merit, and the decision of the CIT (Appeals) to provide the assessee with the opportunity to rectify the error under Section 154 was deemed appropriate.5. Final Outcome: - Consequently, the appeal filed by the assessee was dismissed by the Tribunal. The order was pronounced on 13.12.2022, and the decision of the CIT (Appeals) was upheld, indicating that the assessee could rectify the clerical error through the prescribed legal procedure under Section 154 of the Act.This detailed analysis highlights the key issues raised in the appeal, the decision-making process of the Tribunal, and the final outcome of the case.