INCOME TAX ACT, 1961

Section 139(5)

Return of income - Admissibility of revised return under section 139(5) - Original return filed belatedly under section 139(4) -

AO did not consider revised return filed by assessee on 29-6-2013. Assessee challenged this. Held: Assessee filed return of income originally on 28-3-2013 which was subsequently revised on 29-6-2013. The original return was therefore, not filed in time prescribed under section 139(1). Rather, it was filed belatedly well before the end of assessment year on 28-3-2013 and, therefore, it was a return filed under section 139(4) and since return was originally filed under section 139(4) the same could not be revised under section 139(5).

Relied: Kumar Jagdish Chandra Sinha v. CIT (1996) 86 Taxman 122 (SC) : 1996 TaxPub(DT) 1086 (SC).

REFERRED :

FAVOUR : Against the assessee.

A.Y. : 2012-13

INCOME TAX ACT, 1961

Section 143(3)

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