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2013 (1) TMI 456 - HC - Income TaxRefund claim - Whether an intimation u/s 143(1)(a) would constitute assessment - Petitioner had omitted to claim the credit in original return of income u/s 139(1) on 26.7.2005 for the A.Y. 2005-06 - Intimation regarding processing of return forwarded to assessee u/s 143(1)(a) on 8.12.2005 – Assessee filed a revised return for claiming refund on 26.9.2006 u/s 139(5) Held that:- Following the decision in case of Rajesh Jhaveri Stock Brokers P. Limited (2007 (5) TMI 197 - SUPREME COURT) that the expressions “intimation” and “assessment order” have been used at different places. The contextual difference between the two expressions has to be understood in the context the expressions are used. Assessment is used as meaning sometimes “the computation of income”, sometimes “the determination of the amount of tax payable” and sometimes “the whole procedure laid down in the Act for imposing liability upon the tax payer”. In the scheme of things, the intimation u/s 143(1)(a) cannot be treated to be an order of assessment There was no regular assessment framed in the present case. Therefore, the assessee for A.Y. 2005- 06 could file the revised return after complying with the provisions of Sec. 139(5) up to 31.3.2007. The revised return filed on 26.9.2006 was thus validly filed within limitation. Consequently, the claim of the petitioner-assessee for the refund of the additional tax deposited is valid and justified – In favour of assessee
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