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2013 (6) TMI 548 - AT - Income TaxUndisclosed bank accounts - survey u/s.133A - statement of brother of the assessee recorded on oath since the assessee was not available - revised return filled by assessee whether non-est? - Held that:- The assessee in the instant case has filed his return of income on 16-08-2010 declaring total income of Rs.2,77,35,954/- & AO in the instant case has issued notice u/s.142(1) to the assessee on 03-03-2010. As per the provisions of section 139(5) if an assessee, who has filed a return in response to notice u/s.142(1), discovers any omission or any wrong statement therein he may furnish a revised return at any time before the expiry of 1 year from the end of the relevant assessment year or before completion of the assessment, whichever is earlier. However as find CIT(A) has not considered the provisions of section 139(5) while holding the revised return filed by the assessee as non-est. Even AO is also silent on this issue, therefore, the revised return filed by the assessee is not non-est and the AO should have considered the revised return filed by the assessee before completing the assessment - thus restore the issue to the file of the AO with a direction to consider the revised return and complete the assessment in accordance with law after giving due opportunity of being heard to the assessee - appeal filed by the assessee is allowed for statistical purposes.
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