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TMI Blog2006 (12) TMI 87X X X X Extracts X X X X X X X X Extracts X X X X ..... turn filed under section 139(4) of the Act could not be revised and the revised returns filed being invalid in law could not have been acted upon – Assessment made on revised return is time barred - W. T. R. Nos. 64 to 70 of 1992 - - - Dated:- 7-12-2006 - ADARSH KUMAR GOEL and RAJESH BINDAL JJ. JUDGMENT 1. The following question of law has been referred for the opinion of this court by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of movable as well as immovable properties. Original returns for the assessment years under consideration were filed on February 28, 1974, which were subsequently revised by furnishing returns for all the years on March 28,1979. The assessments for all the assessment years were completed under section 16(3) of the Wealth-tax Act, 1957 (for short, "the Act"), on March 20, 1980, i.e., within one y ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gh Courts on the issue as to whether a belated return could be revised or not and the revised returns so filed could be dealt with by the Assessing Officer or not. The opinion on the one side being by the Delhi High court in O. P. Malhotra v . CIT [1981] 129 ITR 379 the Allahabad High Court in Dr. S. B. Bhargava v. CIT [1982] 136 ITR 559, the Rajasthan High Court in Vimaichand v. CIT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. 5 Learned counsel for the Revenue could not dispute that the issue has been gone into by the hon'ble Supreme Court in Kumar Jagdish Chandra Sinha v. CIT [1996] 220 ITR 67. 6 After examining the issue in detail under the provisions of the Income-tax Act, which are similar to the provisions under consideration under the Act, views taken by the Delhi High Court in O. P. Malhotra v. C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1997] 226 ITR 927. 8. The facts of the present case, being not in dispute that the assessee filed belated returns for the assessment years 1967-68 to 1973-74 under section 15 of the Act on February 28, 1974, in terms of the law laid down by the hon'ble Supreme Court in Kumar Jagdish Chandra's case [ 1996]220 ITR 67. the same could not be revised and consequently acted upon. 9. Accordi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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