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2022 (8) TMI 1499 - ITAT PANAJITreating the returns filed by the assessee as defective returns - self-assessment tax has been deposited by the assessee after the expiry of 15 days but before the completion of assessment - HELD THAT:- Admittedly, it is a fact on record that assessee has deposited the self-assessment tax on the returned income filed in respect of notices issued u/s 153A. Copies of the challans for the taxes so deposited have been produced before us also and are placed on record. In respect of treating the returns filed by the assessee as defective returns, proviso to section 139(9) provides that “provided that where the assessee rectifies the defects after the expiry of the said period of 15 days or the further periods allowed, but before the before the assessment is made, the AO may condone the delay and treat the return as valid return”. Thus, considering the proviso to section 139(9) which empowers the AO to condone the delay where the self-assessment tax has been deposited by the assessee after the expiry of 15 days but before the completion of assessment and the fact of deposit of challans on record in terms of the said proviso to section 139(9), we find it proper to direct the AO to treat the said returns as valid returns where the defects have been removed by the assessee, by condoning the delay. We note that assessee has made his earnest attempt by filing his requisite applications before the concerned authorities for the release of seized material and is pursuing the matter, as stated by the ld. Counsel. Thus, we find it proper to set aside the order of ld. CIT(A) and remit the matter for all the seven years under consideration, back to the file of ld. AO for de-novo assessment considering the material submitted by the assessee, once the same is made available by the respective concerned authorities for which applications have been made for their release. We also direct the ld. AO who is adequately empowered under the Act and has all the where-whittle to call for the information to call for the information and records for the purpose of completing the assessment proceeding, to make all the concerted efforts to make the seized material available to the assessee to substantiate his claims. Assessee is also directed to comply with the notices in respect of the assessment proceeding and be diligent by avoiding to take any adjournments except in specific unavoidable circumstances.
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