The issue pertained to the validity of filing a revised return ...

Revised tax return filed late? Assessing officer can't consider it. High Court agrees, overrules Tribunal.

Case Laws Income Tax

October 7, 2024

The issue pertained to the validity of filing a revised return after the prescribed time limit. The High Court set aside the Tribunal's order, stating that after the revised return was time-barred, there was no provision to consider the appellant's claim. The Supreme Court held that the assessing officer cannot entertain any claim made by the assessee other than by following the provisions of the Income Tax Act. When a revised return was filed beyond the limitation period u/s 139(5), the assessing officer had no jurisdiction to consider the claim made therein. The Tribunal erred in directing the assessing officer to consider the appellant's claim in the time-barred revised return, as it should have exercised its power u/s 254 to consider the claim itself. The assessing officer's power is limited to considering claims made through valid revised returns filed within the prescribed time limit.

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The issue pertained to the validity of filing a revised return ...

Revised tax return filed late? Assessing officer can't consider it. High Court agrees, overrules Tribunal.

Case Laws Income Tax

October 7, 2024

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