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2019 (12) TMI 597 - AT - Income TaxRevised return u/s 139(5) rejected - Revision in the sales figure - act of AO in proceeding to frame the assessment on the basis of the original return of income - The submissions of the assessee were not found acceptable to the AO. AO was of the view that assessee could not justify the revised return by adopting revised sales. - HELD THAT:- High Court in the case of CIT Vs. Arun Textile [1991 (6) TMI 66 - GUJARAT HIGH COURT] has held that once the revised return is filed u/s 139(5) of the Act, the original return is substituted by the revised return and it is not open to the AO to advert to the original return of income or the statement filed along with it. Hon’ble Punjab and Haryana High Court in the case of Beco Engineering Co., Ltd., Vs. CIT [1984 (2) TMI 83 - PUNJAB AND HARYANA HIGH COURT] has held that in a case assessee files the revised return then it is to be taken into consideration for the purpose of making an assessment and the original return cannot be adverted. once the revised return has been filed by the assessee u/s 139(5) of the Act and the same has been accepted, then it is not open to the authorities to take into consideration the original return of income for determining the total income in the assessment proceedings. Set aside the order of AO and direct the AO to consider the total income declared by the assessee u/s 139(5) of the Act for determining the total income. Thus, the grounds of the assessee are allowed.
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