9911796707
TMI Blog1996 (4) TMI 86X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee on March 21, 1978, was a valid assessment ? " For the assessment year 1975-76, the assessee filed her return of income on November 4, 1975, under section 139(4) of the Act. She filed a revised return of income on March 21, 1978. Assessment was completed on March 9, 1979, on the revised return of income. On appeal, the Appellate Assistant Commissioner set aside the assessment as invalid and directed the Income-tax Officer to complete the assessment de novo. On further appeal before the Tribunal, the only contention raised by the assessee was that when the original return was filed under section 139(4) of the Act, she was not entitled under law to file a revised return and the assessment made on March 9, 1979, was time barred ke ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (1) relevant for the assessment year 1975-76 is as under : " (1) No order of assessment shall be made under section 143 or section 144 at any time after--.... (c) the expiry of one year from the date of the filing of a return or a revised return under sub-section (4) or sub-section (5) of section 139, whichever is latest. " Thus, the contention of the assessee, in brief, is that since the assessment was not completed within one year of November 4, 1975, the assessment was barred by limitation. The Tribunal did not agree with the contention of the assessee and on an application filed under sub-section (1) of section 256 of the Act by the assessee referred the two questions of law to this court for its opinion. This question has been co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uch assessment can be based on that. We may reproduce Instruction No. 888, and the opinion of the Ministry of Law, which formed part of this instruction :-- "Instruction No. 888 XX/1/97--Returns of income filed under section 139(4) of the Income-tax Act, 1961--Whether can be revised under section 139(5)--Whether extended time limit under section 153(1)(c) be available in respect of such returns of income--Clarification regarding. A question has been raised as to whether a person who has filed a belated return of income under section 139(4) of the Income-tax Act, 1961, is entitled thereafter to file a revised return of income under section 139(5) of the Act. A related question is whether in such a case the time limit for completion of ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion would also be available to those who file returns under sub-sections (3) and (4A) because, it is expressly provided therein that the provisions of the Act will be applicable to the returns filed thereunder, as if they were filed under sub-section (1). But, sub-section (4) does not contemplate the filing of more than one return. In any case, if it was contemplated that even those who have filed returns under sub-section (4) should be able to file a revised return, there was nothing to prevent the Legislature to say so in sub-section (5) itself or state in sub-section (4) that the provisions of the Act will apply to the return filed thereunder as if it was a return under sub-section (1), as has been done in sub-sections (3) and (4A). 2. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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