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2002 (10) TMI 7 - MADHYA PRADESH HIGH COURTInvalid return - Notice issued u/s 139(9), intimating the petitioner, the defect in the return and called upon the petitioner to rectify the defect by submitting the statutory audit report under section 44AB by July 7, 1995. The petitioner on June 6, 1995, prayed that it was not possible for the petitioner to submit the audit report for want of appointment of auditors by the Comptroller and Auditor General of India. It was requested that some more time be allowed in view of the provisions contained in section 139(9) for submitting the audit report. The Deputy Commissioner of Income-tax refused to grant further time treated the return as invalid – petitioner’s revision submitted u/s 264 before the CIT which was also dismissed - Held that that the circumstances of the case have to be taken into consideration by the Assessing Officer while making the assessment and deciding on the validity of a return – Order refusing to extend the time is bad in law - Thus, the order passed by the CIT is liable to be quashed. The Assessing Officer is directed to consider the application and hear the petitioner
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