Whether return of income filed by an assessee before commencement of assessment year is a valid return. - Income Tax - 1531/CBDT

INSTRUCTION NO. 1531/CBDT Dated: October 15, 1983 A question has been raised whether the return of income filed by an assessee before the commencement of the assessment year is a valid return under the Income-tax Act. The matter was referred to the Ministry of Law and the Board has been advised that a plain reading of section 139(1) of the Income-tax Act, 1961 would suggest that there is no limit in that section before which the return, if filed, would be invalid. Even a return filed before the closing of the accounting period may be an incomplete return, but cannot be treated as an invalid return as there is no prohibition under the law Rules prohibiting the filing of the return earlier than the due date. Thus, a return of income filed before the commencement of the assessment year or even before the closing of the accounting period cannot be treated as invalid under the Income-tax Act. If, however, it is felt that the same is incomplete in any respect, necessary action under section 139(9) of the Income-tax Act may be taken. These instructions may be brought to the notice of the Income-tax Officer in your charge.