2015 (10) TMI 523

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....ee has raised following grounds in this appeal:- "1. That on the facts and the circumstances of the case and in law, the learned assessing officer after recording the specific statement with regard to surrendered income which pertains to jewelry in assessment order u/s 143(3) did not agree with assessee that the mistake was apparent from the record. Hence order passed is unjustified. 2. That on the facts and the circumstances of the case and in law, the learned CIT(A) and assessing officer erred by not accepting the mistake which was apparent, obvious, patent, evident, visible, clear misunderstanding, misconception, understand wrongly and not dependent on elaboration or argument. Hence order passed is unjustified. 3. That on the fa....

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....vealed that assessee had categorically accepted amount of Rs. 20.00 lacs as additional income for above said assessment year. After, considering the submissions filed by you, it is informed that there is no mistake which is apparent from records in the order passed u/s 143(3) on 31.12.2009. The section 154 of the I.T.Act, specifically deals with the mistakes which are apparent from records. In the return of income filed by you for the year consideration, you have declared income from other sources amounting to Rs. 24, 77, 798/- and till the order assed u/s 143(3) on 31.12.2009, neither any revised return nor an rectification application was file by you. Besides, during the course of assessment proceedings when you were asked to explain m....

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....ath becomes the record within the meaning of section 154 of the Act and, therefore, the authorities below wrongly held that there is no mistake apparent from the record as the return filed with computation of income was never revised nor any application to this effect was filed before the completion of record. Ld. AR placed reliance on the decision of Hon'ble Supreme Court in the case of Master Construction Company (P) Ltd. vs State of Orissa (1966) 17 STC 360 (SC) and submitted that the Hon'ble Apex Court has dilated on the term "an error apparent from record" to be one which is an error which depends for its discovery on elaborate arguments on question of fact or law. The AR also placed reliance on the decision of Hon'ble Supreme Court in....