9911796707
TMI Blog2002 (6) TMI 10X X X X Extracts X X X X X X X X Extracts X X X X ..... e total income of Rs. 10,904. The due date for filing the return under section 139(1) of the Income-tax Act, 1961 ("the Act") was June 30, 1973. However, the Central Board of Direct Taxes had issued a circular on June 20, 1973, extending the time for filing the return for the assessment year 1973-74 up to August 15, 1973. The assessee thereafter filed the revised return on March 22, 1976, disclosing the total income of Rs. 11,304. The Income-tax Officer processed the said return and completed the assessment on March 15, 1977, treating the return filed on March 22, 1976, as a valid return and determined the total income of the assessee at Rs. 79,460. The assessee has challenged the said assessment in appeal before the first appellate author ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... valid. Being aggrieved by the said decision of the first appellate authority, the assessee has taken up the matter before the Tribunal and the Tribunal vide its order dated March 24, 1984, has held that the assessment made was well within the time mentioned in section 153. The Tribunal has emphatically approved the action of the authorities below on the ground that the original return was filed under section 139(1) and consequently revised return filed on March 22, 1976, could be treated as return filed under section 139(5). Since the first return was voluntarily filed under section 139(1) which was revised later on, the assessment order passed on the basis of the revised return was a valid assessment, The Tribunal has also observed that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... instructions (not being prejudicial to assessees) as to the guidelines, principles or procedures to be followed by other income-tax authorities in the work relating to assessment or collection of revenue or the initiation of proceedings for the imposition of penalties and any such order may, if the Board is of opinion that it is necessary in the public interest so to do, be published and circulated in the prescribed manner for general information." It is submitted by Mr. Hemani that section 119(2)(a) does not contain any reference to section 139. The Central Board of Direct Taxes can issue instructions only with regard to the provisions contained in sections which are mentioned in the said section and since there was no reference to secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid assessment was invalid and non est. In support of this contention, he has relied on the decision of the Supreme Court in the case of Kumar Jagdish Chandra Sinha v. CIT [1996] 220 ITR 67 wherein it has been held that no revised return can be filed under sub-section (5) of section 139 in a case where the return is filed under section 139(4). Once this is so the revised returns filed by the assessee for both the assessment years 1964-65 and 1965-66 were invalid in law and could not have been treated and acted upon as revised returns contemplated by sub-section (5) of section 139 and, consequently section 153(1)(c) was not attracted. Mr. Hemani, therefore, submitted that the assessment framed by the Income-tax Officer was obviously barred b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n to the income-tax authorities to make a particular assessment or to dispose of a particular case in a particular manner. Even if we consider the alternative limb of Mr. Hemani's argument that section 139 was inserted in section 119(2)(a) by the Finance Act, 1990, with effect from April 1, 1990, it cannot be said that prior to that date, there was any restriction on the exercise of powers by the Central Board of Direct Taxes under section 119 as sub-section (2) of section 119 starts with the words "without prejudice to the generality of the foregoing power". It is also pertinent to note here that Circular No. 113, dated June 20, 1973, was issued by the Central Board of Direct Taxes with an intention to grant general extension to the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the return filed on or before August 15, 1973, but after its due date as the return filed under section 139(1). The reference in the cir cular regarding rule 117A(v) of the Income-tax Rules is only for the purpose of giving instructions to the Income-tax Officer's to reduce or waive interest pay able under section 139 by invoking the provisions contained in the said rule. In view of the above discussion and also in view of the fact that the return filed by the assessee on August 14, 1973, is treated by us as the return filed under section 139(1), the return filed on March 22, 1976, is necessarily to be considered as the return filed under section 139(5). We are, therefore, of the view that the decision relied upon by Mr. Hemani, the lea ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
