Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2023 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (1) TMI 1169 - AT - Income TaxValidity of assessment order passed u/s 143(3) - assessee's revised return of income not been taken into consideration by the AO - HELD THAT:- In the light of the judgment of Mangalore Chemicals & Fertilizers Ltd. [1991 (1) TMI 70 - KARNATAKA HIGH COURT] we are of the opinion that since the assessee had filed the revised return of income on 19.03.2015, the original return filed dated 29.09.2013 u/s 139(1) of the Act effaces and obliterates. Since the revised return of income was filed on 19.03.2015 u/s 139(4) of the Act, it was a valid revised return as per the law in force at that time. In such a scenario, the AO ought to have considered the revised return of income for assessing the income of assessee. But, despite assessee filing the same, the AO erred is not considering the same and passed the assessment on 27.03.2015. Therefore, we set aside the order of the Ld. CIT(A) and remand the assessment back to the file of the AO with a direction to frame denovo the assessment. AO frame de-novo the assessment taking in to consideration the revised return of income. Appeal of the assessee is allowed for statistical purposes.
|