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2014 (3) TMI 765 - AT - Income TaxExemption u/s 54F of the Act Determination of due date - Whether the due date mentioned in section 54F(4) is the due date for filing the return u/s 139(1) or the due date for filing the return of income u/s 139(4) of the Act - Held that:- The decision in Prakash Nath Khanna And Another vs CIT [2004 (2) TMI 3 - SUPREME Court] followed - due date means the due date for filing the return u/s 139(1) and not 139(4) the intentions of the Legislature was to permit the assessee to file the return u/s 139(4) also, the use of the expression section 139 alone would have been sufficed - The Legislature would not have said that it should be filed u/s 139(1) - When the Legislature specifically refers to section 139(1), it cannot be the intention to permit the assessee to file the return u/s 139(4) also - it cannot be said that the Legislature without any purpose or intent specified only the sub-sections (1) and (2) and the conspicuous omission of sub-section (4) has no meaning or purpose behind it - Sub-section (4) of section 139 cannot by any stretch of imagination control the operation of sub-section (1) wherein a fixed period for furnishing the return is stipulated. The judgment of the Apex Court was not considered by the CIT(A) - The assessee also had no occasion to bring this judgment to the notice of the CIT(A) - When Legislature specifically refers only section 139(1) and omitted to refer section 139(4), making a reference to section 139(4) cannot be proper the matter needs to be reconsidered by the AO in the light of the judgment of Prakash Nath Khanna And Another Vs CIT thus, the matter is remitted back to the AO for reconsideration Decided in favour of Revenue.
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