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This appeal filed by the assessee is directed against the order dated 29.07.2024 of the National Faceless Appeal Centre (NFAC)/Ld. Commissioner of Income Tax (Appeals), Delhi, relating to Assessment Year 2020-21, arising out of order dated 22.06.2023 passed by the Income Tax Officer, Ward-2(4), Gurgaon, under section 154 of the Income Tax Act, 1961 (hereinafter referred as 'the Act').

2. The grounds of appeal raised by the assessee are as under:-

1. The Ld. CIT(A) has erred in law and on facts in upholding the erroneous adjustment made by the CPC under Section 143(1), which incorrectly computed an LTCG of Rs.2,79,68,49,392/-, based on a typographical error in Schedule CG of the return of income filed by the office of the appellant's CA.
4. The Ld. CIT(A) has erred in law and on facts by holding that the error did not constitute a mistake apparent from the record under Section 154 without recognizing that the impugned adjustment made by CPC was based on a typographical error made by the office of the appellant's CA, resulting in misreading of the return by the CPC, which was evident from the records, and should have been corrected under Section 154.
5. The Ld. CIT(A) has erred in law and on facts in upholding an unjust and huge tax demand of Rs.42,13,17,560/- without any basis, which has caused undue hardship to the appellant, who is a 75 years' old retired school teacher with limited income. This demand is based solely on a typographical error in the IT return and should have been annulled at the first instance."

On the basis of the aforesaid discussion, the appeal is DISMISSED."

5. Against the order of the ld. CIT(A), the assessee is in appeal before us.

6. The ld. Counsel for the assessee reiterated the submissions made before the Ld. CIT(A) and referred to the written submission filed on page no.1 to 6 of the paper book and supporting documents from page nos. 7 to 233 of the paper book. The Ld. AR submitted that due to typographical error by the Chartered Accountant of the assessee in reporting an amount of Rs.279,68,49,390/- in Schedule CG (LTCG), the assessee should not be taxed in respect of the said amount and only her real income should be taxed. He, therefore, submitted that typographical error in reporting of the figures in Schedule 'CG' (LTCG) amounting to Rs.279,68,49,390/- should be ignored and the income should be accepted at total loss of Rs.10,70,654/- as filed by the assessee. In this regard, the Ld. AR drew our attention to the affidavit dated 26.09.2024 (placed at page no.211 to 213 of the paper book) filed by Shri Rashmi Ranjan Jati, the Chartered Accountant of the assessee, who filed her return of income and in whose office the typographical error in reporting an amount of Rs.279,68,49,390/- in Schedule CG (LTCG) was committed. The said affidavit is reproduced as under:-

Further, the appellate order, against the said rectification order, was dismissed by the Ld. CIT(A) vide its order dated 29.07.2024. Therefore, the affidavit dated 26.09.2024 of the CA has not been verified by the lower authorities. Since, the affidavit and the facts stated therein requires verification, we, therefore, set-aside the order of the Ld. CIT(A) and restore the matter to the file of the AO for verification of the said affidavit and any other details/evidence submitted by the assessee in support of her contention that entry of Rs.279,79,26,466/- in Schedule CG (LTCG) of her return for AY 2020-21 was an inadvertent typographical error. If the contention of the assessee that entry of Rs.279,79,26,466/- in Schedule CG (LTCG) of her return for AY 2020-21 was an inadvertent typographical error is found to be correct, then the AO will delete the addition of Rs.279,79,26,466/- and accept her return loss of Rs.10,70,654/-. 8.1. In this regard, the findings of the Ld. CIT(A) that such an error will not constitute a mistake apparent from record on the ground that the total income under the head capital gains was enhanced by the CPC in the order u/s 143(1) of the Act dated 16.12.2021 on the basis of entry of Rs.279,79,26,466/- in Schedule CG (LTCG) submitted by the assessee in her return of income for AY 2020-21. The same has been carefully considered but not found justified. It is held that any inadvertent misreporting of any income in the return of income filed by an assessee and which is suitably explained by the assessee amounts to a mistake apparent from record and is rectifiable under the provisions of section 154 of the Act. Further, while verifying the affidavit and other contentions of the assessee, the AO should also keep in mind that the assessee can be taxed only on the real income and should not be taxed on income due to inadvertent mistake made by the Chartered Accountant while filing her return of income. Grounds of appeal raised by the assessee are allowed for statistical purposes.