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TMI Blog2013 (11) TMI 1324X X X X Extracts X X X X X X X X Extracts X X X X ..... ure that the assessee has not understated the income or has not computed excessive loss or has not under-paid the tax in any manner. For this purpose opportunity is required to be given to the assessee to produce or to be produced any evidence on which the assessee may rely in support of the return. When the assessee has chosen not to file return, no notice under section 143(2) is required to be served - Since no valid return is filed under section 148, 139 or 142, therefore, period of issue of notice under section 143(2) as per proviso to section 143(2) cannot be counted which is to be reckoned from furnishing of return Decided in favor of Revenue. - IT Appeal No. 154 (Agra) of 2011 - - - Dated:- 15-3-2013 - BHAVNESH SAINI AND A.L. G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs.81,741/- (b) On account of expenses disallowed as discussed in para No.3 above Rs.24,657/- (c) On account of difference in fictitious liability in the name of M/s. Kothari Sons, Vyawar as discussed in para No.4 above. Rs.11,63,575/- (d) On account of difference in fictitious Liability in the name of M/s Ridhhi Sidhhi Container (P) Ltd., Jaipur as discussed in para No.5 Above. Rs.1,05,489/-: Rs.13,75,462/- TOTAL INCOME :Rs.26,84,745/- R/O : Rs.26,84,750/-" 4. The assessee challenged the order of A.O. against proceedings under section 147 and the n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e have heard the ld. Representatives of the parties. The issue to be examined in this case is whether the order of CIT(A) quashing A.O.'s order is in accordance with law. Before coming to the issue, it is relevant to note the important facts of the case that the so-called revised return filed on 29.12.2008 which is not a valid return of income. The revised return can be filed under section 139(5). Section 139(5) provides that if any person having furnished a return under sub-section (1) of section 139 of the Act or in pursuance of notice issued under sub-section (1) of section 142 discovers any omission or wrong statement therein he may furnish a revised return of any time before expiry of one year from the end of the relevant A.Y. or befor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of such claim of loss, exemption, deduction, allowance or relief and require him, on a date to be specified therein to produce, or cause to be produced, any evidence or particulars specified therein or on which the assessee may rely, in support of such claim: [Provided that no notice under this clause shall be served on the assessee on or after the 1st day of June, 2003;] (ii) notwithstanding anything contained in clause (i), if he considers it necessary or expedient to ensure that the assessee has not under-stated the income or has not computed excessive loss or has not under-paid the tax in any manner, serve on the assessee a notice requiring him, on a date to be specified therein, either to attend his officer or to produce, or cause ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fied in the notice, a return of his income or the income of any other person in respect of which he is assessable under this Act during the previous year corresponding to the relevant assessment year, in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed; and the provisions of this Act shall, so far as may be, apply accordingly as if such return were a return required to be furnished under section 139;] (underlined by us) [Provided that in a case- (a) where a return has been furnished during the period commencing on the 1st day of October, 1991 and ending on the 30th day of September, 2005 in response to a notice served under this section, and (b) subs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g with section 143(2) of the Act, we notice that before making assessment under section 147 of the Act the A.O. is to serve notice under section 148 of the Act requiring the assessee to furnish the return of income. On furnishing return of income in compliance to notice under section 148 of the Act then the provisions of this Act including issue of notice under section 143(2) of the Act shall apply accordingly. If we see the objects of issuing notice under section 143(2) after filing return of income, we noticed that notice is required to be issued to examine and to ensure that the assessee has not understated the income or has not computed excessive loss or has not under-paid the tax in any manner. For this purpose opportunity is required ..... X X X X Extracts X X X X X X X X Extracts X X X X
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