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2022 (12) TMI 884 - AT - Income TaxNon issuance of a notice u/s 143(2) on the revised return - filing of revised return on the last date - HELD THAT:- The assessment proceedings were set into motion. Now section 139(5) provides two situations to an assessee for revising its return of income, namely if an assessee after furnishing the return under section 139(1) or in response to notice under section 142(1) discovers any omission or any wrong statement therein, he may furnish a revised return at any time before the expiry of one year from the end of relevant assessment year or before the completion of the assessment, whichever is earlier. The assessee has filed the revised return no doubt within one year from the end of the assessment year 2013-14 as well as before the end of the completion of the assessment proceedings. The judgments, which are being referred by the ld. Counsel for the assessee are concerned, they propound that when revised return is being filed, then original return would obliterate. In other words, the original return would become redundant and the determination of taxable income is to be made on the basis of revised return. In none of the cases, it has been propounded that 143(2) notice was must on the revised return, otherwise whole assessment proceeding would vitiate. Let us explain the situation in a different manner also. Section 139(5) authorizes the assessee to file the return before completion of the assessment order. In the present case, assessment order has been passed on 18.03.2016. Hearing must have been concluded 2-3 days prior to this date because AO has to draft the assessment order. On 17th March, assessee filed a revised return without the knowledge of the AO because such return in A.Y. 2013-14 would be filed at the receipt counter. Can assessment order would be declared nullity for not issuing 143(2) notice on such return, because it is quite impossible at the end of the ld. Assessing Officer to take cognizance of such a fact in such a short period of time. This type of step can be taken at the end of an assessee for frustrating the whole assessment machinery. Yes, once a revised return is being filed, certainly its figure can be taken into consideration as propounded in the various decisions cited by the ld. Counsel for the assessee. Therefore, in our opinion, it was only an irregularity and not an illegality. It could have been cured by the ld. 1st Appellate Authority by calling a remand report from the ld. Assessing Officer after re-determination of the income on the basis of revised return, but to declare the assessment order as a null and void is not in accordance with law. On due consideration of all these facts and circumstances, we set aside the impugned order of the ld. CIT(Appeals) and restore this issue to the file of the ld. Assessing Officer.
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