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ITAT held that the belated return filed on 07/09/2023 was defective under clause (ca) of the Explanation to s.139(9) and could not be revised; nonetheless, invoking Article 265, the Tribunal found that the assessee suffered undue tax burden due to incorrect income and TDS figures furnished by a tax consultant and that absence of a statutory revision mechanism should not prejudice the taxpayer. The matter is restored to the learned JAO with directions to afford the assessee an opportunity either to file a corrected return within a specified window or, alternatively, to submit a correct computation of income with supporting documents for assessment, and to proceed thereafter in accordance with law.
ITAT held that the belated return filed on 07/09/2023 was defective under clause (ca) of the Explanation to s.139(9) and could not be revised; nonetheless, invoking Article 265, the Tribunal found that the assessee suffered undue tax burden due to incorrect income and TDS figures furnished by a tax consultant and that absence of a statutory revision mechanism should not prejudice the taxpayer. The matter is restored to the learned JAO with directions to afford the assessee an opportunity either to file a corrected return within a specified window or, alternatively, to submit a correct computation of income with supporting documents for assessment, and to proceed thereafter in accordance with law.
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