1987 (8) TMI 26

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....of the Revenue for deciding the following 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 require....

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....urn filed on February 22, 1972, and the Income-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....

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....y the Income-tax Officer under section 139(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 ti....

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....n (5) of section 139 is not attracted in the 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 avail....