TaxTMI 
TaxTMI 
TaxTMI 
1987 (8) TMI 26
X X X X Extracts X X X X
X X X X Extracts X X X X
....wing question of law : " Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessment completed by the Income-tax Officer on February 13, 1973, was barred by limitation ? " The relevant assessment year is 1967-68 for which the accounting period ended with the financial year. The assessee was required to file the return under section 139(1)....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ncome-tax Officer completed the assessment on the basis of the revised return on February 13, 1973. After having obtained the assessment by the Income-tax Officer on this basis without any grievance, the assessee contended that the order of assessment was time-barred not being within the period prescribed either by clause (a) or clause (b) of sub-section (1) of section 153 of the Act. The Appellat....
X X X X Extracts X X X X
X X X X Extracts X X X X
....2). It is also clear that there was no request by the assessee for extension of time to file the return beyond November 25, 1967, so that the return actually filed by the assessee on November 29, 1967, was not even a return filed within the time extended by the Income-tax Officer even impliedly. Admittedly, there was no order for extension of time even till November 25, 1967, and for the period th....
X X X X Extracts X X X X
X X X X Extracts X X X X
....case of return filed under sub-section (4) thereof, inasmuch as a voluntary return filed under sub-section (4) is not the same as a return envisaged by subsections (1) and (2) of section 139. On this basis, it has been held in both these decisions that the extended time-limit of one year under section 153(1)(c) for completing the assessment is not available in respect of a revised return where ori....