1931 (12) TMI 12

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..... ommissioner of Income Tax has of his own motion referred to us the following question: Whether on the facts of this case the return submitted on the 7th January, 1929, should have been treated as a revised return covered by the provisions of Section 22(3) of the Income Tax Act. 2. The assessee made a return of his income on the 22nd August, 1928. Unfortunately that return was incorrect, not with .....

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..... hed a return within the time allowed by or under Sub-section (1) or Sub-section (2), or having furnished a return under either of those sub-sections, discovers any omission or wrong statement therein, he may furnish a return or a revised return, as the case may be, at any time before the assessment is made, and any return so made shall be deemed to be a return made in due time under this section. .....

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..... liberately dishonestly made. It is seriously argued that, notwithstanding that fact, the assessee is still enabled to put in a return correcting his former inaccurate one and that he is to be absolved from liability to have any penalty inflicted upon him. That, it seems to me, is to put a premium on dishonesty and nowhere in the Income Tax Act do we find any provision which does anything of the ki .....

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