1997 (5) TMI 24 - HC - Income Tax

High Court Upholds Invalid Tax Returns Decision Under Income-tax Act

Himachal Pradesh State Forest Corporation Ltd. Versus Deputy Commissioner Of Income Tax

The High Court upheld the Deputy Commissioner's order declaring the returns invalid under section 139(9) of the Income-tax Act, 1961, due to ... CBDT Circulars Issues involved: Validity of order declaring returns invalid u/s 139(9) of the Income-tax Act, 1961.Summary:The High Court of Himachal Pradesh considered the validity of an order by the Deputy Commissioner of Income-tax declaring the returns filed by the assessee as invalid u/s 139(9) of the Income-tax Act, 1961. The Deputy Commissioner found that the audit report under section 44AB was not filed along with the return, leading to non-compliance with the requirements of section 139(9). Despite giving the assessee an opportunity to rectify the return, it was filed without proper financial documents. The court noted that the circular issued by the Central Board of Direct Taxes, Instruction No. 1348, did not override the statutory provisions of the Act and did not cover all the clauses mentioned in section 139(9) Explanation. The court held that the Board's instructions could not invalidate the return, especially when certain clauses were not complied with. The introduction of clause (bb) to the Explanation post the relevant assessment year did not affect the applicability of clause (d) in the present case. Consequently, the court upheld the Deputy Commissioner's order, dismissing the writ petitions challenging the order.Therefore, the High Court upheld the Deputy Commissioner's order declaring the returns invalid u/s 139(9) of the Income-tax Act, 1961, based on non-compliance with the statutory requirements, despite arguments regarding the Board's instructions and the applicability of specific clauses in the Explanation to section 139(9).