2022 (8) TMI 263

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....icer u/s 154 of the I.T. Act, 1961 but the same has been rejected. The Ld. CIT(A) has also erred and acted illegally in confirming the assessment at Rs. 26,47,737/- instead of the correct figure as per balance sheet to the tune of Rs. 26,477/-. iii. Because the Ld. CIT(A) has erred and acted illegally in not taking into the account books of accounts, the audited balance sheet, Bank Accounts and all other primary documents submitted in the appeal. iv. Because the order u/s 143(1)(a) / 154 of the I.T. Act, 1961 is bad both on facts and law and not maintainable." 2. The assessee is a society came into existence on 11.6.2004 and was registered under Societies Registration Act from 11.02.2009. The assessee filed its return of income for both the assessment years i.e. 2013-14 and 2014-15 on 28.03.2015. The return was processed under section 143(1) on 16.3.2016 accepting the return of income for the assessment year 2013-14 at Rs. 26,47,727/- and for the assessment year 2014-15 at Rs. 27,79,249/-. Thereafter, the assessee filed an application under section 154 on 28.02.2018 for rectification of the mistake in the total income for both the years. When no order ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the learned DR has submitted that the return of income filed by the assessee was processed and accepted under section 143(1) of the Act and therefore, there is no mistake apparent on record which can be rectified by the Assessing Officer under section 154 of the Act. He has relied upon the orders of the authorities below. 5. I have considered the rival submissions as well as relevant material on record. The assessee in the application under section 154 sought to rectify the mistake in total income as assessed while processing the returns under section 143(1) at Rs. 2647740/- and Rs. 2779250/- for the assessment years 2013-14 and 2014-15 as against Rs. 26,477/- and Rs. 27,792/-. The Assessing Officer rejected the application of the assessee by identical orders dated 19th January, 2020 as under:- Thus, the Assessing Officer rejected the application on the ground that on careful consideration, it is noted that the rectification of mistake sought by the assessee does not come under the provisions of section 154 of the Act. Against the rejection of the application under section 154, the assessee filed the appeal before the CIT(A) and submitted as under:- "6.1 SUBMISSION O....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....f all application are attached. 8. That the delay cause in furnishing the revision petition u/s 264 was not intentional and in absence of order u/s 154, the assessee have to file their revision petition when he came to know that his application is going to be rejected. 9. That the assessee has received order u/s 154 of the IT Act, 1961 of the Ld. Assessing Officer dated 29.01.2020. A copy of the same is attached. In view of this order, it can never be said that the application of the assessee is belated or late. 10. That so far as the subordinate of the DCIT, CPC to the Commissioner of Income Tax Varanasi is concern, it is an established law that the jurisdiction of the CPC and Assessing Officer both are concurrent and in view of this concern jurisdiction the CIT, Varanasi as well as CIT CPC both have the jurisdiction over the assessee and both have right to decide revision petition/s 264 of the Act. 11. That so far as the Income of the assessee is concern, the assessee submitted herewith the bank account and on perusal thereof, it would be found that the assessee has never been in possession of Rs. 2 lac or 20 lac or 22 lac, his total deposit in....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....establish that there as any mistake apparent from record in order passed u/s 154 of the Act. Ground of appeal is therefore, DISMISSED." 6. Thus, the CIT(A) has concurred with the Assessing Officer and held that there is no infirmity in the order passed by the Assessing Officer as there was no mistake apparent from record. 7. It is pertinent to note that the Assessing Officer is a quasi -judicial authority and therefore, ought to have function in accordance with law and to assess the correct income of the assessee. The Assessing Officer is not supposed to take advantage of ignorance or mistake of assessee but the Assessing Officer is duty bound to assist the taxpayer in every reasonable way particularly in the matter of claiming and securing relief. The Assessing Officer should take the initiative in guiding the tax payer instead of taking advantage of mistake of the assessee. Even otherwise, the State is not supposed to take undue benefit or profit because of the mistake on the part of the assessee. The CBDT has been issuing guidance as well as instructions to the tax authorities / officers from time to time in this respect. Therefore, once the assessee has brought into notic....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ी धारा १५४ के अधिन आदेश के सम्बंध में। महोदय, कृपया आप आयकर अधिनियम की धारा १५४ के अंतर्गत दाखिल किये गये आवेदन पत्र दिनांक ०४/०१/२०१२ का संदर्भ ले। उपरोक्त के संदर्भ में यह सूचित करना है कि आपके द्वारा दाखिल उपरोक्त पत्र पर सहा....