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TMI Blog2007 (7) TMI 266X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 75/Del of 1995 from, in respect of the assessment year 1989-90:- "1. Whether the Tribunal is justified in holding, on the facts and in the circumstances of the case that the return dated 30.3.1990 had legal efficacy and that notice under section 143(2) should have been issued with reference to it on or before 30.9.1990. 2. If the answer to the above question is in the affirmative, whether the Tribunal was justified in holding that notice under section 143(2) could not be issued after 30.9.1990 and, therefore, the notice dated 3.1.1992 is void ab initio and cannot give rise to a valid assessment under section 143(3)." 2. The facts as stated in the statement of the case are that the assessee-respondent filed its return on 30.3.1990. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deemed to be filed after removal of defects by the assessee on 3.1.1992 and the period of limitation of six months was to be counted from 3.1.1992 when complete and correct return of income was filed. Therefore, the Commissioner of Income-tax (Appeals) rejected the contention raised by the assessee holding that the order of the Assessing Officer was neither invalid nor without jurisdiction. However, the Commissioner of Income-tax (Appeals) allowed the appeal partially in respect of other claims, which are not in issue before us. However, against order dated 20.7.2002, passed by the Commissioner of Income-tax (Appeals) the revenue filed an appeal before the Tribunal and the assessee preferred its cross-objections. The Tribunal after making ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st by the Commissioner of Income-tax up to the date of filing of the profit and loss account and balance-sheet was held to be erroneous in law. The return filed on 6.10.1971 was "the return" (i.e. a valid return, though defective). Therefore, it had legal efficacy. 18. In the setting of the above proposition, the order of the Ld. Commissioner of Income-tax (Appeals) holding that the return dated 30.3.1990 had no legal efficacy and that, therefore, notice under section 143 (2) could not be issued with reference to it is without any authority of law and the said view is reversed. Notice under section 143(2) could not be issued after 30.9.1990. Therefore, the notice dated 3.1.1992 is void ab initio and cannot give rise to a valid assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... return is accompanied by a statement showing the computation of the tax payable on the basis of the return;.......... (d) where regular books of account are maintained by the assessee, the return is accompanied by copies of- (i) manufacturing account, trading account, profit and loss account or, as the case may be, income and expenditure account or any other similar account and balance sheet; (ii) in the case of a proprietary business or profession, the personal account of the proprietor; in the case of a firm, association of persons or body of individuals, personal accounts of the partners or members; and in the case of a partner or member of a firm, association of persons or body of individuals, also his personal account in the firm, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... turn, therefore, cannot be regarded as invalid return ipso facto. It may assume the character of invalid return if the defect after due notice has not been removed by the assessee. The question is not res integra and fell for consideration of a Division Bench of Calcutta High Court in the case of CIT v. Bharat Refineries Ltd., (1986) 162 ITR 652. In that case, the profit and loss account and balance sheet were not enclosed with the return as is the position in the instant case. The assessee in response to the notice had produced and filed its profit and loss account as well as the balance sheet. The Assessing Officer completed the assessment. On appeal, the Commissioner of Income-tax (Appeals) held that the return was invalid and he set asi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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