9911796707
TMI Blog2011 (6) TMI 1044X X X X Extracts X X X X X X X X Extracts X X X X ..... is after the expiry of more than one year from the end of the assessment year 1989-90 is valid return as per section 139(5) ?" 2. The assessment herein relates to the assessment year 1989-90. Originally the assessee filed its return of income on November 19, 1989 declaring an income of Rs. 6,42,100. Subsequently, the assessee revised its return on October 31, 1990 declaring its income as Rs. 7,62,620. An intimation was sent under section 143(1) of the Income-tax Act on August 27, 1991, resulting in a tax liability, the assessment was taken up for scrutiny and a notice under section 143(2) of the Income-tax Act was issued and the assessee furnished the details called for. In the course of the hearing, the assessee filed its second rev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... res integra, having regard to the decision of the apex court reported in Goetze (India) Ltd. v. CIT [2006] 284 ITR 323 (SC) ; 2006 SCC OnLine SC 1446. The facts before the apex court related to a claim made not in a return filed, but by way of a statement before the Assessing Officer. The Assessing Officer therein disallowed the claim holding that there was no provision under the Income-tax Act allowing an amendment in the return without a re vised return. The import of the decision of the apex court is that any claim made otherwise than by following the provisions of the Act would not be an entertainable claim. In the circumstances, the learned standing counsel appearing for the Revenue placed heavy reliance on this decision and submits t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns under section 139(5) of the Income-tax Act is very clear as to the time frame, within which the revised return should be filed. The said section reads at follows: "139(5). If any person, having furnished a return under sub-section (1), or in pursuance of a notice issued under sub-section (1) of section 142, discovers any omission or any wrong statement therein, he may furnish a revised return at any time before the expiry of one year from the end of the relevant assessment year before the completion of the assessment, whichever is earlier : Provided that where the return relates to the previous year relevant to the assessment year commencing on the 1st day of April, 1988, or any earlier assessment year, the reference to one year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icular act has to be per formed within the particular time, it goes without saying that anything done beyond the time limit set forth in the section loses the statutory protection. 10. It is relevant to note that the decision relied on by the learned counsel appearing for the assessee reported in CIT v. Jai Parabolic Springs Ltd. [2008] 306 ITR 42 (Delhi) ; 2008 SCC OnLine Delhi 1486 is distinguishable on facts, The said decision relates to raising of additional grounds before the Tribunal, which is not the same as that of filing of revised return. 11. Going by the provisions of the Income-tax Act, we have no hesitation in setting aside the order of the Tribunal by confirming the orders of the authorities below. Accordingly, the question ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
