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TMI Blog2000 (5) TMI 165X X X X Extracts X X X X X X X X Extracts X X X X ..... ling the letter to the effect that the return already filed may be treated as one filed in response to the notice under section 148). 3. The facts of the case are briefly stated as follows : The assessee-company filed its return of income on 21-6-1993. Since the return filed was out of time, the same was treated as invalid. Subsequently, notice under section 148 was issued on 17-1-1994 in response to which the assessee requested to adopt the return filed earlier as one filed in response to the notice issued under section 148. However, the Assessing Officer treated the return as one filed subsequent to the issuance of notice under section 148 and processed the same on 9-2-1994. While processing the return, the Assessing Officer charged inte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e earlier return filed on 21-6-1993 as one filed in response to the notice issued under section 148. In the circumstances, the CIT(A) held that the Assessing Officer was justified in his view that the return under section 148 was filed only on 7-2-1994. The CIT(A) accordingly upheld the charging of interest upto 7-2-1994. The assessee is aggrieved and is on appeal before the Tribunal. 5. The facts as divulged from the orders of the Revenue authorities are as under : The notice under section 142(1) was issued on 19-8-1992 requiring the assessee to file the return of income by 20-9-1992. The assessee filed the return belated, only on 22-6-1993. A notice was issued to the assessee to furnish the accounts. According to the assessee, the procee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under section 142(1). So if such a return is filed before the assessment, it stops the continuation of default and it is a valid, live and forceful return for the limited purpose of charging of interest. For the purpose of charging interest such return cannot be treated as invalid or non est return. So, the point is, the return filed is under section 142(1) and is a valid return, even if it is filed after the expiry of the time limit stipulated in the notice issued under section 142(1) calling for a return. 9. Opposing the above submissions, the learned departmental representative supported the orders of the Revenue authorities. It is true that a notice under section 142(1) was issued calling on the assessee to file the return by 20-9-199 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 139, or in response to a notice under sub-section (1) of section 142, is furnished after the due date, or is not furnished, the assessee shall be liable to pay simple interest at the rate of one and one-half per cent for every month or part of a month comprised in the period commencing on the date immediately following the due date, and--- (a) where the return is furnished after the due date, ending on the date of furnishing of the return; or (b) where no return has been furnished, ending on the date of completion of the assessment under section 144, on the amount of the tax on the total income as determined under sub-section (1) of section 143 or on regular assessment as reduced by the advance-tax, if any, paid and any tax deducted or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... after the due date is invalid and non est in the eye of law. Section 234A(1)(a) states that, where a return is furnished after the due date, ending on the date of furnishing of the return. It only means, in case an assessee fails to furnish the return by due date, but furnishes the same subsequently, then interest is chargeable only upto the date of filing of that return. 12. A return filed, after the due date, in response to a notice under section 142(1) cannot be ignored while charging interest under section 234A in view of the clear wording of section 234A(1)(a) viz., "where a return is furnished after the due date, ending on the date of furnishing of the return". That means in a case where the belated return has been filed after the i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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