TMI Blog2010 (3) TMI 756X X X X Extracts X X X X X X X X Extracts X X X X ..... 43(3) of the Act and the Assessing Officer cannot refuse to process the revised return and modify the intimation in accordance with section 143(1B) of the Act - Thus, the appeal is dismissed against of revenue. - 138 of 2009 - - - Dated:- 8-3-2010 - MEHTA D. A., DEVANI H. N. MS., JJ. JUDGMENT Ms. H. N. Devani J.- In this appeal under section 260A of the Income-tax Act, 1961 (the Act), the appellant-Revenue has proposed the following question stated to be a substantial question of law arising from the impugned order of the Tribunal dated January 25, 2007 of the Income-tax Appellate Tribunal : "Whether the Appellate Tribunal is right in law and on facts in confirming the order passed by the Commissioner of Income-tax (App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be rejected by the Commissioner who also held that the claim of the assessee was devoid of any merit and that section 139(5) was not intended to provide a loophole for reducing the tax liability by extra legal means. The assessee, thereafter moved an application dated March 30, 2000 under section 154 of the Act before the Assessing Officer requesting him to take cognizance of the revised return under the provisions of section 143(1B) of the Act. The Assessing Officer rejected the said application holding that the revised return had been filed beyond the time limit stipulated under section 139(5) of the Act. While rejecting the said application the Assessing Officer also placed reliance upon the order passed by the Commissioner under sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 43(1)(a) of the Act cannot be regarded to be an assessment and that if intimation under section 143(1)(a) is treated as an assessment the provisions of section 143(1B) would be rendered nugatory. The Tribunal held that section 143(1B) makes it obligatory on the part of the Assessing Officer to process the revised return provided it is filed within the time permitted under the Act and to revise the intimation that has already been issued by the Assessing Officer. The Tribunal observed that in the order made under section 154, the Assessing Officer had not held that the revised return was invalid but had rejected the application on the ground that the return had been filed beyond time, whereas on the basis of evidence and the material filed b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of section 139 after the issue of an intimation, or the grant of refund, if any, under sub-section (1) of this section, the provisions of sub-sections (1) and (1A) of this section shall apply in relation to such revised return and- (i) the intimation already sent for any income-tax, additional tax or interest shall be amended on the basis of the said revised return and where any amount payable by way of income-tax, additional income-tax or interest specified in the said intimation has already been paid by the assessee then, if any such amendment has the effect of- (a) enhancing the amount already paid, the intimation amended under this clause shall be sent to the assessee specifying the excess amount payable by him and such intimat ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
