1985 (7) TMI 31

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....the Tribunal was right in holding that a revised return filed on December 7, 1972, could be further revised on December 5, 1973 ? 3. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the assessment order completed on March 30, 1974, as not barred by time ? " The reference arises out of the following facts. The assessee, an individual, filed a return of income on March 2, 1971, thereafter revised the same on October 12, 1972, December 7, 1972, and December 5, 1973. The Income-tax Officer assessed the income, vide his assessment order dated March 30, 1974. The matter was taken up by the assessee before the Appellate Assistant Commissioner before whom it was submitted by the ass....

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.... is only in respect of the return filed either under section 139(1) or section 139(2), that is to say, the third type of return filed under section 139(4) is not the same return as envisaged by section 139(1) and (2). " As regards the validity of the assessment order, the Division Bench having regard to the date of the assessment order found that the order of assessment is a nullity in the eye of law as no cognizance is to be taken under section 139(5) of the return filed under section 139(4) of the Act. We may refer to some dates of that case for the sake of clarity. In that case, return was required to be filed on June 30, 1971, in respect of the assessment year 1971-72. The return under section 139(4) was actually filed on August 29, ....