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2021 (12) TMI 55 - GUJARAT HIGH COURTNon filling revised return online - Time limit to file the revised return u/s 139(5) had expired - delay occurred on account of the time taken to obtain the sanction of the Schemes of Arrangement and Amalgamation from the NCLT - HELD THAT:- The petitioner’s revised return was not considered obviously because that is impermissible as the same was not filed electronically - This was in complete disregard to the fact that the order of the NCLT had come on 17.03.2020 and therefore, it was not possible for the petitioner to so do it within time framed as set u/s 139(5) of the Act as the appointed date as per the order of the NCLT is fixed on 01.04.2017, the petitioner would be entitled to file the revised return and in wake of the decision of this Court in case of Babubhai Ramanbhai Patel [2017 (7) TMI 744 - GUJARAT HIGH COURT] the original return u/s 139(1) will pay insignificance and would not survive. The respondent authority therefore not considered the revised return and needs indulgence at the ends of the Court. Resultantly, the assessment which has been finalized shall need to be quashed permitting the respondent to process considering the revised return which has been filed by the petitioner. If it is not filed in an electronic manner as has been reflected in the affidavit-in-reply, he should be permitted to do that by a specific order and granting him reasonable time of minimum one week to so do it. Otherwise, his physical copy which he has dispatched shall be taken into consideration. As a parting note the Court needs to make a mention that the matter has travelled to this Court only because the revised return was not permitted beyond the prescribed time limit as set u/s 139 (5) - Thus, Apex Court in case of DALMIA POWER LIMITED [2019 (12) TMI 991 - SUPREME COURT] has categorically held and observed that Section 119 of the IT Act in such matters also would not be applicable and therefore, when the respondents are desirous of operating in the regimes of electronic mode and faceless assessment, it shall need to improvise the software and allow the revised return more particularly, when the law has been made quite clear by virtue of the direction of the Apex Court. Let the care be taken in improvising the software wherever necessary since its limitations have tendency to swell the Court litigation. The petitioner could have been saved from this ordeal, had such a care taken to permit the revised return in an electronic mode once the direction of the NCLT was communicated along with the decision of the Apex Court.
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