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of <h1>Court upholds Assessing Officer decision on invalid return for assessment year 1989-90</h1> <h3>Gopal Glass Works Pvt. Ltd. Versus Commissioner of Income Tax.</h3> Gopal Glass Works Pvt. Ltd. Versus Commissioner of Income Tax. - [2001] 252 ITR 354, 165 CTR 620, 121 TAXMANN 174 Issues Involved1. Legality of the exercise of discretionary power by the respondent in dismissing the revision petition.2. Validity of treating the income return as invalid under section 139(9) of the Income-tax Act.3. Applicability of Instruction No. 1348 issued by the Central Board of Direct Taxes (CBDT).Detailed Analysis1. Legality of the Exercise of Discretionary PowerThe petitioner-company challenged the order dated July 29, 1992, passed by the respondent under section 264(1) of the Income-tax Act, 1961, dismissing the revision petition for the assessment year 1989-90. The primary issue was whether the respondent's exercise of statutory discretionary power in not entertaining the revision was justified. The court found that the Assessing Officer and the respondent acted within their discretion and that their decisions were not influenced by extraneous considerations or non-application of mind to vital and relevant facts. The court emphasized that the jurisdiction under article 226 of the Constitution is limited and does not allow for challenging the quality of the decision but only the decision-making process.2. Validity of Treating the Income Return as InvalidThe court reviewed the relevant provisions of section 139(9) of the Income-tax Act, which allows the Assessing Officer to treat a return as invalid if it is defective and the defect is not rectified within 15 days or an extended period. The petitioner-company's return was found defective as it was not accompanied by the audited accounts and tax audit report as required. Despite being given an opportunity to rectify the defects, the petitioner failed to do so within the stipulated time. The court noted that the petitioner did not make a specific request for an extension of time and only sent a letter stating that the audit report was awaited. The court upheld the Assessing Officer's decision to treat the return as invalid and found no merit in the petitioner's grounds for non-compliance.3. Applicability of Instruction No. 1348 Issued by the CBDTThe petitioner argued that the return could not have been treated as invalid in view of Instruction No. 1348, dated August 30, 1980, issued by the CBDT. The court examined the instruction, which pertains to clauses (a) and (e) of the Explanation to section 139(9) but found that it does not apply to clauses (bb) and (d). Since the petitioner's case involved non-compliance with clauses (bb) and (d), the court held that the instruction was not applicable. The court also noted that the instruction was issued before the introduction of clause (bb) and its subsequent amendment, further supporting its inapplicability to the present case.ConclusionThe court concluded that the petition under article 226 of the Constitution was without substance and deserved rejection. The decision of the Assessing Officer and the respondent in treating the return as invalid and dismissing the revision petition was upheld. The court discharged the rule and directed the parties to bear their own costs.
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