9911796707
TMI Blog2022 (8) TMI 1555X X X X Extracts X X X X X X X X Extracts X X X X ..... n allowing the appeal of the assessee ignoring the fact that the assessee in response to the notice u/s 139 (9) issued to assessee to rectify the defect in its return and instead completely revised its return. The provisions of section 139(9) of I.T. Act allow the assessee to correct the return is section 139(5) of I. T. Act which provides the machinery to deal with mistakes and omissions." 3. The assessment order came to be passed on 31/12/2016 against the assessee by assessing the income at Rs. 2,80,78,480/-. As against the assessment order dated 31/02/2016, the assessee has preferred an Appeal before the CIT(A). The Ld.CIT(A) vide order dated 15/10/2018, allowed the Appeal filed by the assessee. 4. Aggrieved by the order dated 15/10/20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. A.O while passing the assessment order found that, in response to notice u/s 139(9) of the Act intimating the assessee of one of the defects, the assessee is required to remove such defect and file response. The intimated defect was that, the tax payable had not been deposited by the assessee. In response, the assessee has filed another return completely replacing the documents, based on which the original return was filed. The Ld. A.O further observed that the provision of Section 139(9) of the Act only allows the assessee to correct the defects and does not permit to file another return. Therefore, held that the income of the assessee shall be assessed as reported in the original return filed on 29/11/2014 and assessed the income of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion while making the addition. The Ld. A.O should have considered the effect of amalgamation more so in view of the specific mandate of the Hon'ble High Court. The Ld. A.O has ignored the above facts. Further, as per the decision of Hon'ble Madras High Court in the case of Penta media Graphics Ltd. vs. ITO: 236 CTR 204, which is also followed by the Delhi Bench of the Tribunal in the case of Bharti Airtel Limited vs. ACIT: ITA No. 3907/Del/2010, the only course open to the Revenue would be to act as per the scheme sanctioned effective from 01/04/2013 which means that the tax authorities are bound to take note of the state of affairs of the assessee as on 01/04/2013 and a return filed reflecting the same cannot be ignored on the strengt ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
