Revised returns and deemed rectification can replace the original return and invalidate belated rejection orders.

Where the statute permits a revised return before completion of self-assessment, the revised return substitutes the original return for assessment purposes and must be acted upon by the assessing authority. The rectification proviso further provides that an application not rejected within sixty days is deemed to have been allowed, with the order treated as amended to correct the mistake. Because the authority proceeded on the original return and rejected the rectification applications after the statutory period, the later rejection orders were without jurisdiction. The appellate authority and tribunal failed to give effect to this statutory consequence.

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Issues: Whether revised returns filed before completion of self-assessment had to be taken into account, and whether the rectification applications stood deemed to be allowed when they were not rejected within sixty days under the statutory proviso.

Analysis: The statutory scheme permitted a dealer to submit a revised return where a mistake apparent from the record was noticed before completion of self-assessment. Once a revised return is filed, it replaces the original return for assessment purposes. The second proviso to the rectification provision further mandated that if an application for rectification was not rejected within sixty days from receipt, the order shall be deemed to have been amended rectifying the mistake. In the present case, the assessing authority proceeded on the original return despite the filing of revised returns, and the later orders rejecting rectification were made beyond the statutory period. The appellate authority and the tribunal failed to address this statutory consequence.

Conclusion: The revised returns were liable to be acted upon, and the rectification applications stood deemed allowed on expiry of sixty days. The later rejection orders were without jurisdiction.

Ratio Decidendi: Where the statute permits revised returns and deems a rectification application allowed if not rejected within the prescribed time, the original return stands substituted by the revised return and any contrary order passed beyond the statutory period is jurisdiction.

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