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Income Tax Appellate Tribunal, ‘B’ (SMC
Before: SHRI ABRAHAM P. GEORGE]
आदेश / O R D E R
In this appeal filed by the assessee, which is directed against an order dated 26.03.2018 of the ld. Commissioner of Income Tax (Appeals)-3, Coimbatore, it assails the assessment done on it for the impugned assessment year. assessment order dated 04.11.2015 in its name. According to the ld. Authorised Representative, the corrigendum clearly mentioned error in name, address, PAN and status effectively converting the earlier assessment order in the name of Shri. R. Sivalingam to that of the assessee company. The corrigendum as per the ld. Authorised Representative, was clearly indicative of the fact that assessment on the company was not done on 04.11.2015 but only on the date when the corrigendum was issued. Submission of the ld. Authorised Representative was that the time limit for passing an assessment order u/s.153 of the Income Tax Act, 1961 (in short ‘’the Act’’) on the assessee for the impugned assessment year ended on 31.03.2016. As
per the ld. Authorised Representative, corrigendum dated 21.04.2016 clearly proved that the assessment on the assessee company was done much after the time limit. Thus, as per the ld. Authorised Representative, assessment having being completed after the statutory time limit was void.
Per contra, ld. Departmental Representative submitted that assessment order dated 04.11.2015 in the name of Shri. R. Sivalingam was a mistake committed by the ld. Assessing Officer and this was a curable defect u/s.292B of the Act. As per the ld. Departmental Representative, income tax computation form generated by the the said assessment was the income of the assessee company. The said Shri. R. Sivalingam had moved an appeal before the ld. Commissioner of Income Tax (Appeals), pointing out that the additions made by the ld. Assessing Officer as well as the income computed pertained to the assessee company. Ld. Commissioner of Income Tax (Appeals) had held in favour of Shri. R. Sivalingam and deleted the additions through his order dated 25.05.2016. Prior to this, on 21.04.2016, ld. Assessing Officer issued the corrigendum in the name of the assessee company which read as under:-
AANCS8576P/W 1(4) /2015-16/ERODE DATED: 21.04.2016
CORRIGENDUM
An order u/s 143(3) was passed on 04.11.2015 in the assessee's case for the A.V 2013-14. It is noticed that typographical error has occurred at Serial No.l, 2, 3 and 5, 5b(i) on the First Page of the assessment order. Corresponding error have also occurred in the Demand Notice u/s 156 (Form ITS-7) and Notice u/s 271(1)(c). The same is rectified and requires to be read as below
Serial No.1, 2,3 and 5, 5b(i) of Assessment Order - First Page:- 1). Name of assessee : M/s.Sigaram Constructions (P) Ltd 2). Address : 9/8, Pannai Nagar, Perundurai Road, Sakthi Mahal Backside, Erode - 638 011. 3). PAN : AANCS8576P 5). Status b). If company, whether : Company Domestic (i). Domestic/Others :
assessee company. What was stated in the facing sheet of the assessment order originally issued in the name Shri. R. Sivalingam is reproduced hereunder:-
INCOME TAX DEPARTMENT Present Sri. C.V. Rajagopalan, Income Tax Officer, Ward 1(4), Erode.
1 Name of the assessee : R. Sivalingam 2 Address : 61/1-B,M Pavithra, Apt. Kumulan, Kuttai, Collectorate Post, Erode - 638011.
3 PAN APAPS 0181H : 4 Ward/Circle/Range Ward 1(4), Erode : 5 Status : Individual a) If HUF, is higher rate of : NA tax applicable b) If company, whether (i) Domestic/ others : NA (ii) Public Substantially interested/ public not substantially interested. : NA (iii) Industrial / Non industrial : NA (iv) Section 108/ Other than sec. 108 : NA
6 Assessment year 2013-2014 : 7 Whether Resident/ Resident but not Resident : ordinarily resident/ Non resident 8 Method of accounting Mercantile : 9 Previous year 2012-13 : 10 Nature of Business Civil Contract : 11 Date of hearing : 13.07.2015, 17.07.2015, 22.07.2015, 28.07.2015 31.08.2015 and 04.11.2015 12 Date of order 04.11.2015 : 13 Section and sub-section under which the 143(3) of I.T. Act : assessment is made The changes effected through the corrigendum were not only the name of the assessee, as well as its PA number, but also its status and address. There was a wholesale change of the assessee as such.
It is difficult to accept that such mistakes committed by the ld. Assessing Officer is curable u/s.292B of the Act. The only probability is that on 04.11.2015, the only assessment available on record was in the name of Shri. R. Sivalingam. The changes could have been effected subsequently when the corrigendum was issued on 21.04.2016. Just because income computation form generated by the Department Server reflected the date of assessment as 04.11.2015, a go by cannot be given to the facts which are otherwise glaring from the record. In other words, the date of assessment in the name of the assessee company can only be construed as 21.04.2016, which is the date on which the corrigendum was issued and not 04.11.2015.
Section 153(1) of the Act is reproduced hereunder:-
‘’153(1) No order of assessment shall be made under section 143 or section 144 at any time after the expiry of- (a) two years from the end of the assessment year in which the income was first assessable; or (b) one year from the end of the financial year in which a return or a revised return relating to the assessment year commencing on the 1st day of April, 1988, or any earlier The assessment year being 2013-2014, two years from the end of the said assessment year expired on 31.03.216. The assessment order in my opinion in the name of the company was passed only after the said date. Ex-consequenti, the impugned assessment done beyond the time limit specified under the Act is quashed.
In the result, appeal of the assessee stands allowed.
Order pronounced on Monday, the 2nd day of July, 2018, at Chennai.