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TMI Blog2007 (8) TMI 294X X X X Extracts X X X X X X X X Extracts X X X X ..... or the Commissioner. JUDGMENT The judgment of the court was delivered by MADAN B. LOKUR, J. - The following question of law has been referred by the Income Tax Appellate Tribunal ('Tribunal') for our opinion under Section 256(1) of the Income Tax Act, 1961 ('Act'): "Whether on facts and circumstance of the case, the Income Tax Appellate Tribunal was right in law in treating the return filed on 27.8.1976 as an invalid return on the ground that it had not been signed in accordance with the provisions of Section 140(c) of the Income Tax Act?" 2. The return of income filed by the Assessee, a limited company, on 27th August, 1976, was signed by its Secretary. 3. On 30 th June, 1977 and 1 st November, 1977, the Income Tax O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see was not a valid return within the meaning of Section 140(c) of the Act. 7. For facility of reference, Section 140(c) and Section 292B of the Act are reproduced hereinbelow: "140 Return by whom to be signed. - ........(c) - In the case of a company, by the managing director thereof, or where for any unavoidable reason such managing director is not able to sign and verify the return, or where there is no managing director, by any director thereof: Provided that where the company is not resident in India, the return may be signed and verified by a person who holds a valid power of attorney from such company to do so, which shall be attached to the return : Provided further that, - (a) Where the company is being woun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... soneilan (India) Ltd. (2000) 242 ITR 569. In that decision, the High Court considered the words used in Section 292B of the Act that is omission, defect and mistake. In the said decision by the Kerala High Court, the assessee, a company, had filed a return but it was signed by a person who was duly authorised but who was not in the capacity/post mentioned under Section 140 of the Act in relation to a company. In response to a notice issued under Section 154 of the Act, the assessee filed a petition stating that the return was filed by a person who was authorised to do so on the basis of a power of attorney given to him. The Kerala High Court took the view that the return suffered from a defect which is to say that there was a fault or an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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