Invalid return under income-tax law where vague figures, defective verification, and missing statutory particulars defeated compliance.

A return furnished under the Income-tax Act, 1922 must comply substantially with the prescribed form, verification requirements and disclosure of total income for the relevant previous year. A return containing vague income figures, omitting the accounting period in the verification, and failing to give the particulars required for mercantile-system accounts was treated as materially defective rather than merely irregular. Such defects meant the document could not be regarded as a proper statutory return and would not satisfy the notice issued under the Act. The reasoning also supported the view that the assessee could not rely on the document as a valid return in defence of prosecution for non-filing.

---

---

Issues: Whether a return furnished with vague income figures, an omitted accounting period in the verification, and missing details required by the prescribed note was an invalid return under the income-tax law.

Analysis: A return under Section 22(2) of the Income-tax Act, 1922 had to be furnished in the prescribed form, verified in the prescribed manner, and set forth total income for the previous year. The return here contained qualified figures such as "about" and omitted the accounting period in the verification, while also failing to supply the particulars required for cases where accounts were kept on the mercantile system. These defects were treated as material, not negligible, because a defective return of this kind could not be regarded as a proper statutory return and would not satisfy the notice issued under the Act. The reasoning was reinforced by the view that the assessee could not successfully defend a prosecution on the footing that no return had been made.

Conclusion: The return was held to be invalid, and the answer to the reference was in favour of the Revenue.

Ratio Decidendi: A return that does not substantially comply with the statutory requirements as to prescribed form, verification, and disclosure of income for the relevant period is invalid and may be treated as no return at all.

---