TaxTMI 
TaxTMI 
2024 (12) TMI 106
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....assed u/s 154 by Dy. Com. of Income Tax, CPC rejecting Application U/s 154 Dt. 04- 04-2018 for the reasons cited therein. 2) On the facts and circumstances of the case and in law, the Id C.L.T.(A) erred in upholding rejection of Application for Rectification U/s 154 insofar as Computation of Tax liability. 3) On the facts and circumstances of the case and in law, the Ld. C.I.T.(A) erred in upholding rejection of Application for Rectification U/s 154 insofar as treating the application as Fresh Claim for TDS as not being a mistake apparent from record. 4) On the facts and circumstances of the case and in law, the Ld. C.I.T.(A) erred in uploading rejection of Application for Rectification U/s 154 insofar as interpreting that the claim f....
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....luding salary of Rs. 76,01,315/- earned from KPMG and claimed credit for TDS of Rs. 24,62,386/- as stated in Form 16. Subsequently, KPMG filed correction statement (Revised Return) according to which the figure of gross salary was maintained at Rs. 76,01,315/- but the amount of TDS was reduced to Rs. 16,04,348/- as against original TDS of Rs. 24,62,386/-. Form 26AS of the assessee on 20/02/2017 stated salary of Rs. 76,01,315/-, however the amount of TDS was Rs. 16,04,348/-. 2.3. The return of assessee was processed by CPC vide Intimation u/s 143(1) Dt. 25-08-2017 accepting the income of Rs. 1,44,32,360/- as returned, including Salary Income of Rs. 76,01,315/- from KPMG. However, in the above Intimation, credit for TDS was considered for re....
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....tification U/s 154 on 04-04-2018 with CPC revising therein Income from Salaries at Rs. 51,01,350/- as per Revised Form 16 issued by KPMG and claimed TDS thereon at Rs. 16,04,348/- as reflected by Revised Form 16 as also Revised Form 26-AS. It is submitted that the second Application for Rectification u/s 154 Dt. 27-10-2017 uploaded by the assessee was rejected by the CPC stating that "fresh claim for change of income is not allowable u/s 154 as the same is not a mistake apparent from record and that any such change can be made only under the provisions of Section 139(5) of the Income-tax Act vide intimation dated 18/06/2018. The rectification rights were then transferred by CPC to the Jurisdictional AO (viz. DCIT 27(2), Mumbai. The Jurisdi....
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....oyer i.e. KPMG. The return of income was processed by the CPC u/s 143(1) of the Act on 25.08.2017 accepting income as returned by the appellant at Rs. 1,44,32,360/- however claim of TDS was restricted to Rs. 16,04,348/- in place of Rs. 24,62,386/-. The appellant filed rectification application to rectify the mistake and the same was processed on 27.10.2017 by passing order u/s 154 of the Act wherein status quo was maintained in respect of income assessed as well as credit for TDS. On getting revised Form No.16 from the employer wherein Salary was reduced to Rs. 51,01,350/-, the appellant moved another rectification application dated 27.10.2017 and the same was rejected by the AO CPC vide order dated 18.06.2018 mentioning that "Tax has bee....
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....ly under the provisions of section 139(5) of the Income Tax Act, hence rectification request cannot be considered at CPC". Having taken a note of all, I find that AO CPC has duly considered the contention of the appellant and has rightly rejected the rectification application filed u/s 154 of the Act. I find the action of CPC is correct in accordance with the provisions of the Income Tax Act, 1961. Since the changes/claims made by the appellant in rectification application are not permissible as per section 154 of the Act. Therefore, I find no infirmity in order passed by the CPC u/s 154 of the Act. Hence, ground of appeal is dismissed. The ground no. 2 of appeal is dismissed. 4.3 In ground no. 2 appellant has raised the issue that AO....