9911796707
TMI Blog2021 (12) TMI 649X X X X Extracts X X X X X X X X Extracts X X X X ..... ng to the assessment year 2008-09. 2. This appeal was admitted by this Court to consider the following substantial question of law: "Whether on the facts and circumstances of the case, the Tribunal is right in law in allowing the appeal of the assessee by holding that though ITR-V was filed belated but on 31.03.2009, the return of income was filed well before the due date of filing of return of income under Section 139[1] of the Act and mere delay in submitting the ITR-V does not make the return invalid for denying carry forward of losses in future years?" 3. The assessee - company has e-filed the return of income for the assessment year under consideration on 30.09.2008 and has filed the ITR-V Form on 31.03.2009. The case of the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3] and Section 139[9] of the Act to contend that the return has to be filed in terms of Section 139[3] and provisions of 139[9] are not applicable to the facts of the present case. 6. Learned counsel appearing for the assessee justifying the impugned order, placing reliance on the judgments of the Hon'ble High Court of Bombay in the case of Crawford Bayley & Co. V/s. Union of India & Others [(2012) 0204 TAXMAN 0598] as well as the Circular No.13/2016 dated 09.05.2016 and the Circular No.3/2020 dated 13.07.2020 issued by the Government of India, Ministry of Finance, Department of Revenue [CBDT], agued that the period of limitation for filing the ITR-V Form was extended from time to time up to 2016 (Circular No.13/2016) relating to the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of which he is assessable under this Act during the previous year exceeded the maximum amount which is not chargeable to income-tax, shall, on or before the due date, furnish a return of his income or the income of such other person during the previous year, in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed." 9. Section 139[3] of the Act reads thus: "(3) If any person who has sustained a loss in any previous year under the head "Profits and gains of business or profession" or under the head "Capital gains" and claims that the loss or any part thereof should be carried forward under sub-section (1) of section 72, or sub-section (2) of section 73, or sub-section (2) o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t for the electronic data received by the e-Return Administrator and the date on which such receipt is issued shall be deemed to be the date of filing of the return. Placing reliance on this Clause, the Assessing Officer has come to the conclusion that the date of filing of the return as 31.03.2009 i.e., the date of filing of the ITR-V return by the assessee. Based on this Sub- Clause[2] of the Notification dated 27.07.2007, the assessment proceedings under Section 143[3] of the Act were concluded denying the claim of the assessee for carry forward of losses with reference to Section 139[3]. It is not in dispute that the CBDT having considered the earlier system of e-Filing in tax returns which were to be filed electronically without a digi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is true that this Circular No.13/2016 relates to the assessment years 2009-10 to 2014-15 and Circular No.3/2020 relates to the assessment years 2015-16 to 2019-20 wherein it refers to filing of tax returns electronically without digital signature and ITR- V Form to be send to the CPC, Bengaluru whereas for the assessment year under consideration i.e., 2008-09, duly verified ITR-V Form was required to be sent by the eligible person to the Assessing Officer. No discrimination could be made between the asessees, if such ITR-V Form are required to be submitted by the Assessing Officer or before the CPC in relaxing the time prescribed in sub-paragraph[2] of the paragraph 3 of the Notification dated 27.07.2007. The view of the Department is hy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s for the Assessing Officer has been made to furnish in the first instance a notice granting a period of fifteen days to rectify the defect in the return, a provision made for extension of the period within which the defects are to be rectified has also been considered. It has been observed thus: "8. Though the Income Tax Department made a provision for electronic filing of returns, it appears that the ITR-V Form containing the due verification of the return of the assessee was required to be remitted only by ordinary post. The instructions which were furnished to assessees, a copy of which has been placed on record, specifically stipulate that the ITR-V form should not be sent either by registered post or by speed post or courier. The as ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
