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2013 (2) TMI 205 - HC - Income TaxNotice u/s 143(2) validity of intimation u/s 143(1)(a) ubsequent to issuance of notice under section 143(2) of the Income-tax Act for regular assessment Assessee filed original return on January 31, 1997 declaring the total income of Rs. 6,97,59,206 Thereafter filed a revised return on March 30, 1998 declaring the loss of Rs. 74,97,579 in which expenses amounting to Rs. 8,14,55,626 were further claimed Revised return was processed under section 143(1)(a) of the Act on December 14, 1998,on a total income of Rs. 9,86,85,952 Held that:- Intimation under section 143(1)(a) was issued for the revised return while the notice under section 143(2) was issued for the original return of income. The revised return was filed by the respondent on March 30, 1998, i.e., after the receipt of notice under section 143(2) dated March 11, 1997. Said notice under section 143(2), cannot bar the Assessing Officer from processing the said revised return under section 143(1)(a) of the Act. Moreover, the assessment order dated April 23, 1999, was passed by the Assessing Officer under section 144 of the Income-tax Act, 1961, on the basis of the original return filed on January 31, 1997, and not on the basis of the revised return filed on March 30, 1998 Order passed by the the Tribunal set aside Appeal filed by Department allowed In favour of revenue.
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