1931 (12) TMI 12

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....n Compton Beasley, C.J. 1. The Commissioner of Income Tax has of his own motion referred to us the following question: Whether on the facts of this case the return submitted on the 7th January, 1929, should have been treated as a revised return covered by the provisions of Section 22(3) of the Income Tax Act. 2. The assessee made a return of his income on the 22nd August, 1928. Unfortunat....

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....lows: If any person has not furnished a return within the time allowed by or under Sub-section (1) or Sub-section (2), or having furnished a return under either of those sub-sections, discovers any omission or wrong statement therein, he may furnish a return or a revised return, as the case may be, at any time before the assessment is made, and any return so made shall be deemed to be a return ....

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....rly that the previous return was deliberately dishonestly made. It is seriously argued that, notwithstanding that fact, the assessee is still enabled to put in a return correcting his former inaccurate one and that he is to be absolved from liability to have any penalty inflicted upon him. That, it seems to me, is to put a premium on dishonesty and nowhere in the Income Tax Act do we find any prov....