9911796707
TMI Blog1985 (7) TMI 31X X X X Extracts X X X X X X X X Extracts X X X X ..... the circumstances of the case, the Tribunal was correct in law in holding that a return filed under section 139(4) of the Income-tax Act, 1961, can be revised in terms of section 139(5) of the Act ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that a revised return filed on December 7, 1972, could be further revised on December 5, 1973 ? 3. W ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the return in question was filed under section 139(4) of the Income-tax Act, 1961, and subsequent revised returns could not be considered to be valid returns under section 139(5) of the Act. The Appellate Assistant Commissioner upheld the contention and annulled the order of the Income-tax Officer. The Revenue went up in appeal before the Appellate Tribunal. The Appellate Tribunal accepted the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fferent types of returns are contemplated under section 139 but the right of the assessee to revise the return is only in respect of the return filed either under section 139(1) or section 139(2), that is to say, the third type of return filed under section 139(4) is not the same return as envisaged by section 139(1) and (2). " As regards the validity of the assessment order, the Division Bench ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee could not be taken congnizance of as section 139(5) applies to returns furnished only under sub-section (1) and sub-section (2) of section 139. So far as the facts of the present case are concerned, from the dates given above, it would be clear that the assessment order can be considered to be within limitation if the revised return filed on December 5, 1973, is taken to be the return ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vised on December 5, 1973. If the subsequent returns are taken out of consideration, the assessment was required to be completed on or before March 31, 1973. In the present case, the assessment order was completed on March 30, 1974. So the assessment order is barred by time and is nullity and non est. So question No. 3 is also answered against the Revenue and in favour of the assessee and it is he ..... X X X X Extracts X X X X X X X X Extracts X X X X
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