https://www.taxtmi.com/caselaws?id=276267 A voluntarily filed return under section 22(3) of the Income-tax Act, 1922, including a belated loss return, is still a valid return for section 34 purposes. Where the assessee has already filed such a return and the Income-tax Officer merely ignores it without deciding it, the case is not one of escaped assessment arising from omission or failure by the assessee. The fact that the return was not eligible for carry forward under section 22(2A) did not make it non-existent. The notice under section 34 relating to the assessment year 1952-53 was therefore invalid and was quashed. en-us Fri, 24 May 1963 00:00:00 +0530 Sat, 03 Nov 2018 16:33:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=276267 A voluntarily filed return under section 22(3) of the Income-tax Act, 1922, including a belated loss return, is still a valid return for section 34 purposes. Where the assessee has already filed such a return and the Income-tax Officer merely ignores it without deciding it, the case is not one of escaped assessment arising from omission or failure by the assessee. The fact that the return was not eligible for carry forward under section 22(2A) did not make it non-existent. The notice under section 34 relating to the assessment year 1952-53 was therefore invalid and was quashed. Case-Laws Income Tax Fri, 24 May 1963 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=276267