154 rectification

This query is : Resolved

NITIN SHARMA (Querist)
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05 April 2012 The assessee file his roi but not claimed housing loan interest received intimation u/s 143(1), assessee moved rectification u/s 154 a/o dismissed his application as no mistake found on record,time of revised return has been passed assessee filed appeal to cit(a) cit dismissed his appeal.and grounds of appeal taken by assessee 1. because learned ito faild to appriciate the basic rule that mistake/ ommissiion of the assess can not be treated his income.
2. because the led. a/o failed to fulfill his quasi judicial duty and passed an illegal order without taken view of records provided by the assessee.
what options are available to assessee.

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
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05 April 2012 First of all the assessee has made a ,mistake by filing a belated return.

Then he made a mistake by filing an incorrect return.

Further please understand that rectification is allowed for mistakes apparent from record.
If the assessee has failed to claim a deduction, the same is NOT mistake apparent from record.

Claiming additional deduction in a rectification application amounts to FRESH CLAIM which is NOT permitted under Section 154.

So, the AO is correct in dismissing the rectification application. He is bound by the provisions of Section 154.

Assessee has appealed against which order? Order of AO rejecting the rectification application? It is useless. The stand taken by the assessee is not valid.