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2013 (2) TMI 266 - HC - Income TaxInvalidity of revised return - contention of the assessee that the said return was filed before the due date for filing the return u/s. 139 (4) thus it could be deemed as a rectified return u/s. 139 (4) and not a revised return u/s 139 (5) - Held that:- Benefits of sub clause 5 of Section 139 clearly stipulates that it is applicable in respect of applications which are filed under section 139 sub clause 1 and 2. It does not make any reference to a delayed return or a return filed after the stipulated time, as envisaged under section 139 (4). Thus Section 139(5) would not apply to the applications which are filed under section 139 (4). In the present case, it is an admitted position where the appellant had not furnished the return within time allotted to him under sub sections (1) and (2) and therefore, his case clearly falls within the provision of section 139 (4). Section 139 (5) merely stipulates that it is applicable to any person who has furnished the return under sub sections (1) or (2). In the present case, therefore, if the appellant had filed the return in time, and thereafter had filed a rectified return, he could be permitted to do so under the said provision. Therefore, from the aforesaid provisions it can be seen that the Legislature in its wisdom had intended to give the benefits of filing a revised return only to those persons who fall within the four corners of section 139 sub sections (1) and (2) of the said Act. If the legislature had intended to also give the same benefits to an assessee who had not furnished the return within time, it would have said so in sub clause (5). The very fact that sub clause 4 is not referred to in sub clause (5) clearly indicates the intention of the legislature. See Kumar Jagdish Chandra Sinha (By Legal Representatives) Versus CIT [1996 (4) TMI 5 - SUPREME COURT] wherein held that the rectified return was in fact a new return. Thus under section 139 (5), it is not open for the appellant to either rectify or revise his return after there was a delay in filing a said return in time. Viewed from any angle, there is no infirmity in the order passed by the ITAT (Appeals) - against assessee.
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