Belated return revision is impermissible when a later letter cannot operate as a valid revised return.

A belated return filed under Section 139(4) of the Income-tax Act, 1961 cannot be revised by a later letter seeking additional deductions. The article explains that such a letter is not a valid revised return and therefore cannot trigger assessment consequences based on revised-return treatment. On that basis, the variation in income would not attract the procedure under Section 144B, and extended limitation consequences cannot follow from treating the letter as a revised return. The discussion concludes that a return filed under Section 139(4) is not revisable in law through a subsequent letter.

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Issues: Whether a return filed under Section 139(4) of the Income-tax Act, 1961 could be revised by a subsequent letter, and whether the assessment based on treating such letter as a revised return was vitiated.

Analysis: The return filed under Section 139(4) was a belated return, and a mere letter seeking additional deductions could not be treated as a valid revised return. Once the letter could not be regarded as a revised return, the variation in income did not attract the procedure under Section 144B. The assessment could not therefore be sustained by treating the letter as a revised return or by invoking the extended limitation consequences said to follow from that treatment.

Conclusion: The issue was decided in favour of the assessee. Neither could a return filed by letter be revised in law, nor could a return filed under Section 139(4) of the Income-tax Act, 1961 be revised.

Ratio Decidendi: A belated return under Section 139(4) of the Income-tax Act, 1961 cannot be revised, and a subsequent letter cannot operate as a revised return for the purposes of assessment procedure or limitation.

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