rectification of mistake - section 154

[h k sharadhprassad]

Assessee filed return showing loss and assessment was completed. Assessee, however detected that TDS rebate had not been considered and hence filed an amended return. While doing so assessee erred in by showing figure of loss as profit. AO assessed accordingly and issued demand notice instead of refund.

AO's view is that under section 154 only mistakes on record ie one committed by department only can be rectified.

What is the correct interpretation of law and whether any supreme court decisions are available in support.

[DR.MARIAPPAN GOVINDARAJAN]

You may file appeal against the assessment order incorporating the new evidence before the Authority. The Appellate Authority may accept additional evidence if the assessee has not been shown before the Assessing Authority

AI Summary

Rectification under section 154 limited to mistakes apparent from record; appeal and admission of additional evidence may remedy filing errors. Rectification under section 154 is concerned with mistakes apparent on the record; the issue is whether it can correct an assessee's own filing error. Here, an amended return claiming a TDS rebate wrongly showed profit, prompting a demand. The correct procedural remedy is appellate review, where the Appellate Authority may admit additional evidence not furnished to the Assessing Officer to establish the omitted TDS credit.