TMI Blog2009 (1) TMI 59X X X X Extracts X X X X X X X X Extracts X X X X ..... as delivered by J.S. KHEHAR, J. - The procedure for assessment under the Income Tax Act, 1961(hereinafter referred to as "the 1961 Act") is laid down in the provisionscontained in Chapter XIV. Section 139(9) of the 1961 Act stipulates asunder:- "139(9). Where the Assessing Officer considers that the return of income furnished by the assessee is defective, he may intimate the defect to the assessee and give him an opportunity to rectify the defect within a period of fifteen days from the date of such intimation or within such further period which, on an application made in this behalf, the Assessing Officer may, in his discretion, allow; and if the defect is not rectified within the said period of fifteen days or, as the case may be, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccompanied by proof of the tax, if any, claimed to have been deducted or collected at source, the return of income shall not be regarded as defective if— (a) a certificate for tax deducted or collected was not furnished under section 203 or section 206C to the person furnishing his return of income; (b) such certificate is produced within a period of two years specified under sub-section (14) of section 155; (ii) The amount of compulsory deposit, if any, claimed to have been made under the Compulsory Deposit Scheme (Income-tax Payers) Act, 1974 (38 of 1974); (d) Where regular books of account are maintained by the assessee the return is accompanied by copies of - (i) manufacturing account, trading account, profit and loss account ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee to rectify the defect. Having given the aforesaid opportunity to the assessee, if he/she fails to rectify the defect, the Assessing Officer is authorized to treat the return as an invalid return and to make an assessment, as if the assessee had failed to furnish any return. It is, therefore, apparent that an Assessing Officer cannot make an assessment on an invalid return. 3. In so far as, the question of invalid return in the present case is concerned, the same has to be determined in reference to Section 140 of the 1961 Act, which inter-alia mandates, that a return submitted by an assessee is required to be signed and verified by him. In so far as, the present controversy is concerned, it is not a matter of dispute, that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mistakes or omissions of income, assessment, notice, summons or other proceedings, should be overlooked and need not be given effect to. It is, therefore, the contention of the learned counsel for the appellant, that the assessee in the present case had filed the return in response to a notice issued to her under Section 148 of the 1961 Act, as the return earlier filed by her as a member of HUF, was treated as a defective return. 6. Having given our thoughtful consideration to the submission advanced by the learned counsel for the appellant, we are of the view, that the provisions of Section 292B of the 1961 Act, do not authorize the Assessing Officer to ignore a defect of a substantive nature and it is, therefore, that the aforesaid pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
