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TMI Blog2018 (1) TMI 457X X X X Extracts X X X X X X X X Extracts X X X X ..... es of the case?" 2. The brief facts are that the assessee filed its returns for A.Y. 2009-10 on 01.09.2010, choosing the electronic mode, in accordance with the then prevailing Rule 12(3) of the Income Tax Rules read with Sections 139C and 139D of the Income Tax Act. It is not in dispute that the returns were filed in an electronic mode, however, the ITR-V form i.e. the verification was not so filed. Again, it is not in dispute that there was no facilitation for filing of ITR-V forms electronically. What was expected of the assessee was that the ITR-V forms be mailed through a hard copy to the Headquarters at Central Processing Centre (CPC), Bengaluru. This is evident from the Circular No.3 of 2009 issued by the Board. That circular provid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at a combined reading of Sections 139C and 139D leads to the conclusion that in the absence of an ITR-V Form, i.e. the verification, no return is deemed valid, and, till such time, a valid return comes on record, which, in the present case occurred after 01.12.2010, the question of issuing any notice under Section 143(3) of the Act did not arise. Elaborating further, it was further argued by the Revenue that in the present case, the assessee had, in fact, participated in the proceedings through its representatives and the plain textual interpretation would rather work against the assessee, who was aware of the Circular No.3 of 2009, which had enabled the parties to furnish the ITR-V form within 30 days of the furnishing the return electroni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the return electronically under digital signature; (iii) Transmitting the data in the return electronically and thereafter submitting the verification of the return in Form ITR-V; (iv) Furnishing a bar-coded return in a paper form." 6. Para 6 of the Circular No.3 of 2009 referred to Section 139C and 295(2) and stated that the returns required to be furnished in the concerned forms were not to be accompanied by attachment or annexures. Having regard to this problem, it was imperative to enable assessees, such as the present, to file electronic forms without attaching the necessary ITR-V, which was mandatory, facilitating it furnishing to the Central Processing Centre. This part was spelt out in the said circular, at para 10, as follow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r generated form ITR-V shall be downloaded & after taking a print out it shall be physically verified under the signature of the taxpayer & shall be forwarded to the CPC, within the prescribed time period. If the said ITR-V in physical form is not sent to the CPC within the prescribed time period, then the return filed electronically will be considered as an invalid return. The scheme further provides that the date of e-filing of the return shall be considered as the date of furnishing of return if the computer generated ITR-V is furnished in the prescribed manner & within the prescribed time period. The CBDT vide its press release dt. 1.9.2010, has extended the time limit for filing ITR-V forms relating to ITRs for AY 2009-10 filed electro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taxpayer and forwarded to the CPC. The scheme has also clarified that the date of transmitting the return electronically shall be the date of furnishing of return if the form ITR-V is furnished in the prescribed manner and within the period specified. In this case, the period specified is 31-12-2010 or 120 days from the date of uploading the return whichever is later. Admittedly form ITR-V was received by CPC on 29-11-2010 is within the prescribed time in the prescribed manner in the prescribed form. Hence, for all practical purpose, the date of filing of the return shall relate back to the date on which the return was electronically uploaded i.e 25-09-2009. Therefore, the contention of the ld.DR that receipt of Form ITR-V is the date of re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upto 31.12.2010 or 120 days from the filing of the return, whichever was later. In the present case, the assessee had filed its return electronically on 30.09.2009. It says that it availed of the filing of the ITR-V forms through post. The Revenue is not in a position to verify either way. It is precisely to cater to this circumstance that the circular of 01.09.2010 (especially para 2) extended the period. The extension of this period necessarily meant that ITR-V forms received during such extended period validated the returns originally filed. The interpretation sought to be placed by the Revenue now that fresh returns were necessary, in the opinion of the Court, flies against the opinion of the CBDT and the circumstances, under which, bo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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