Belated return filed after assessment is not valid merely because demand notice had not yet been served.

A return filed after the assessment order has been made cannot be treated as a valid return merely because it was submitted before service of the demand notice. A return is due within the period specified in the notice under section 22(2), and section 22(3) permits a belated return only until assessment is completed. Once assessment is completed under section 23, the filing of a later return does not restore due-time status by reason only that demand notice under section 29 has not yet been served.

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Issues: Whether a return furnished after the assessment order was made but before service of the demand notice was a valid return.

Analysis: A return is due under section 22(2) within the period specified in the notice, and section 22(3) permits a belated return only up to the time before assessment is made. Once the assessment is completed under section 23, a later return cannot be treated as one made in due time merely because it precedes service of the demand notice under section 29.

Conclusion: The return furnished after the assessment order was made but before service of the demand notice was not a valid return.

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