TaxTMI 
TaxTMI 
2023 (5) TMI 787
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....nces of the case and in law, the NFAC erred in levying additional interest under Section 234B of the Act. The Appellant prays that the additional interest levied under Section 234B of the Act ought to be deleted. 3. On the facts and circumstances of the case and in law, the NFAC erred in levying additional interest under Section 234C of the Act. The Appellant prays that the additional interest levied under Section 234C of the Act ought to be deleted. 4. On the facts and in the circumstances of the case, and in law, the NFAC erred in upholding the adjustment made by the AO of adding an amount of Rs. 35,26,484 which is not an income of the Appellant The Appellant prays that the income of the Appellant to be correctly computed. 5. On the facts and in the circumstances of the case, the order passed by the NFAC is bad in law as it is passed without providing an opportunity of being heard to the assessee Prayer The Appellant prays that the CIT(A) order to be considered as bad in law and void ab initio. 6. On the facts and in the circumstances of the case and in law, the NFAC erred in not quashing the rectification or....
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....of the return of income filed i.e. "Schedule 5; details of income from salary". According to assessee, this was a mistake apparent from record, in the intimation issued u/s 143(1) of the Act and therefore, same was to be rectified by the CPC. However, in the rectification order passed on 27.06.2019, the Assessing Officer rejected the request of the assessee in respect of claim of the exemption of the allowance of Rs.35,20,484/-. Aggrieved , the assessee filed appeal before the Ld. CIT(A) but the Ld. CIT(A) rejected the contention of the assessee observing as under: 6. The grounds of appeal, statement of facts, submissions of appellant and orders/intimations u/s 143(1) and 154 passed by the CPC are considered. Ground No. 1 to 5 relates and confined to upward variance of income by Rs.35,26,484/- by the CPC. Accordingly, all the grounds of appeal are adjudicated simultaneously. 6.1. Therefore, The appellant claims that this amount of Rs.35,26,484/- represents exemption of u/s 10 of the Act. The appellant submitted detailed working of her taxable income. In view of the said working, the gross total income of appellant for the year under consideration was Rs. 1,35, 19,....
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.... the appellant did not disclose gross total income in her ITR. Rather, net income (after claiming exemption u/s 10 of the Act of Rs.35,26,484/-) was declared in the ITR. Therefore, the averments at para 2.17 of the submission of the appellant inasmuch as the appellant has claimed exemption under section 10 in the return of income is not correct and misleading. 6.3.1 The appellant has stated that she had included income appearing in Form 26AS in the return of income. The relevant paragraph 2.27 of the submission of the appellant is reproduced herein under: Further, the appellant have included the income appearing in Form 26AS and Form 16 while filing the return of income for AY 2017-18. Thus, there is no income appearing in Form 16 or Form 26AS which has not been included in computing the total income of the appellant in the return of income. Accordingly, the adjustment under sub-clause (vi) of section 143(1)(a) should not be applicable. In view of the above referred abstracts of IT, Form 26AS and relevant Schedule S, the averments of the appellant is not correct. On the other hand, while processing the IT, CPC found that income from salary of the appellan....
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....t from record. This section is not meant for rectification of mistake made by the appellant while filling return of income. Such omission/rectification can only be rectified by filing revised return of income that too within the time allowed u/s 139 of the Act. The appellant has sought for rectification of mistake on the claim of exemption which was never disclosed in the IT. The appellant has also failed to submit relevant documents in support of her claim of exemption during the present appeal proceedings. Mere claim of exemption in a submission/form 16 cannot entail allowability of such claim. Further, as discussed above, in the year under consideration, i.e. A.Y. 2017-18, the provisions of section 143(1)(a)(vi) of the Act empowered PC to make adjustment for income appearing in Form 26AS. 6.6 Considering all the facts of the case and pre-amended provisions of section 143(1)(a)(vi) of the Act, there isn't any mistake which is apparent from record. The upward adjustment made by the appellant is, thus, upheld. Accordingly, all the grounds at Sr. No. 1 to 5 of appeal related to section 154 and upward adjustment of income are hereby dismissed." 4. Before us, the Ld. C....
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....sessee did not revise its return of income and after processing of the return of income, filed rectification application dated 27.06.2019 wherein the assessee filed the details of the income from the salary in Schedule V. The relevant part of said rectification request is reproduced as under: Schedule S : Details of Income from salary 1. Name of Empoyer Avezo Advisors Pvt. Ltd. PAN of Employer (optional) Address of Employer 11th Fl. Nehru Centre Town/City Mumbai State Maharashtra Pincode 400018 1. Salary (Excluding all exempt/no-exempt allowances, perquisites & profit in lieu of salary as they are shown separately below) 9993508 2. Allowances not exempt (refer Form 16 from employer) 0 3. Value of perquisites (refer Form 16 from employer) 0 4. Profits in lieu of salary (refer Form 16 employer) 0 5. Deduction u/s 16 (Entertainment allowance by Government and tax on employment 2500 6. Income chargeable under the head (1+2+3+4+5) 9993508 7. Allowances exempt un....