| The Tax Publishers2020 TaxPub(DT) 1397 (Bang-Trib) INCOME TAX ACT, 1961
Section 139(5) Section 143(3)
Revised return filed by the assessee was within stipulated time under section 139(5) and it was the duty of AO to issue notice under section 143(2), when he had taken consequence of revised return and pass assessment order. His failure to issue notice under section 143(2) while framing the assessment on the basis of revised return, made assessment bad in law and it could not be sustained.
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Assessment - Validity - Failure to issue notice under section 143(2) while framing the assessment on the basis of revised return, filed within stipulated time -
Assessee filed original return of income on 30-9-2012 declaring total income at Rs. 7,05,85,430. Consequent to this, AO issued notice under section 143(2) on 14-8-2013. Later, assessee filed revised return of income on 17-3-2014 by admitting same income. AO computed the income by stating as follows :-- 'Income as per revised return of income Rs. 7,05,85,430.'ACCORDINGLY AO completed assessment. Assessee challenged validity thereof on the ground that though AO considered revised return of income, however, did not issue any notice under section 143(2) with regard to revised return filed by assessee. Held: Revised return filed by the assessee was within stipulated time provided under section 139(5) and it was the duty of AO to issue notice under section 143(2), when he had taken consequence of revised return and pass assessment order. His failure to issue notice under section 143(2) while framing the assessment on the basis of revised return, made assessment bad in law and it could not be sustained.
REFERRED : Dy. CIT v. ADEB Builedcon (P) Ltd. in ITA No. 317/Bang/2013 Order, dated 18-7-2014.
FAVOUR : In assesse favour
A.Y. :
IN THE ITAT, BANGALORE BENCH
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