2023 (5) TMI 1477 - AT - Income Tax

AOP's income tax return filed in wrong ITR form (ITR-7 vs ITR-5); defect cured, assessment remanded.

The dominant issue was whether an AOP's return filed in an incorrect ITR form (ITR-7 instead of ITR-5) could be treated as a fatal defect affecting ... Defect in filling return - Form ITR-7 instead of Form ITR-5 - Assessee is an Association of Persons (AOP) who inadvertently filed the return in ITR Form 7 instead of ITR Form No. 5 - HELD THAT:- The assessee inadvertently filed the return in ITR 7, however, when the defect was pointed out, the assessee rectified the defect and filed return in ITR 5. It has been held time and again that the Income Tax Authorities are not supposed to punish assessees for their bona fide mistake. We, therefore, set aside the impugned orders of the lower authorities and restore the matter to the file of AO with a direction to examine the contentions raised by the assessee and tax the assessee at the rates as applicable to the assessee considering the revised return filed by the assessee. Appeals of the assessee are treated as allowed for statistical purposes. Issues: Whether the appeals filed by the assessee challenging taxation at maximum marginal rates (due to filing ITR-7 instead of ITR-5) and dismissal by the CIT(A) as time-barred should be allowed and the matters remitted to the Assessing Officer to consider the revised ITR-5 and tax the assessee at appropriate rates.Analysis: The Tribunal examined the factual position that the assessee inadvertently filed return in ITR-7 and subsequently filed the correct ITR-5; that the rectification application under Section 154 was rejected mechanically; and that the appeals before the CIT(A) were treated as barred by limitation. The Tribunal considered applicable statutory provisions concerning appeals and rectification and applied the principle that revenue authorities should not penalise assessees for bona fide mistakes. The Tribunal found the lower authorities' dismissal on limitation and rejection of rectification to be unsupported given the corrected return and directed reconsideration by the Assessing Officer in light of the revised return.Conclusion: The appeals are allowed in favour of the assessee; the impugned orders are set aside and the matters are restored to the file of the Assessing Officer with a direction to examine the assessee's contentions and tax the assessee at rates applicable after considering the revised ITR-5.