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2003 (6) TMI 440

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..... e is that the learned CIT(A) has erred in Law and in facts in directing to consider the return filed at Jaipur as valid. 2. The brief relevant facts in the case are that the assessee is a firm and did not file return of income for the financial year 1996-97. A notice under section 142(1) was issued on 26-2-1999 requiring the assessee to file its return of income for the assessment year 1997-98 .....

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..... as under: "I have duly considered the submission of the A/R and gone through the acknowledgement of the receipt of the Return filed for the Assessment year 1997-98 on 27-10-1997 in the Office of the Income-tax Officer, Ward 2(6), Jaipur and duly accepted by ITO, Jaipur by issuing a certificate in this regard. The Assessing Officer, is therefore directed to ascertain this fact of filing the retur .....

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..... onsideration with the Income-tax Department on 27-10-1997 as informed by the assessee to the Assessing Officer in response to his notice issued by the Assessing Officer. In the circumstances, merely because the return was filed at Jaipur of the Income-tax Department and not at the correct jurisdiction at Guwahati, in our considered opinion, a valid return filed by the assessee cannot be treated as .....

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