2023 (4) TMI 937

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.... In ground no.1 of the main grounds and the additional ground, the assessee has challenged the validity of the assessment order passed under Section 143(3) of the Income-Tax Act,1961, due to alleged failure of the Assessing Officer in issuing and serving the notice under Section 143(2) of the Act within the prescribed period of limitation. 4. Briefly, the facts relating to this issue are, the assessee is a resident individual. For the assessment year under dispute, the assessee filed his return of income on 31.07.2013 declaring income of Rs.5,52,660. Subsequently, the assessee filed a revised return of income on 10.11.2014 declaring income of Rs.5,52,660. Assessee's case was selected for scrutiny and the Assessing Officer issued a notice....

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....was furnished in financial year 2013-14, the Assessing Officer had time to issue notice under Section 143(3) of the Act till 30.09.2014. He submitted, since, the assessee had filed the revised return of income after the intimation was issued under Section 143(1) of the Act, it has to be treated as invalid return, since, as per section 139(5) of the Act, revised return can be filed any time before expiry of one year from the end of the relevant assessment year or before completion of assessment, whichever is earlier. He submitted, since, the intimation under Section 143(1) of the Act was issued on 23.01.2014, the revised return of income is non est. Thus, the date of filing of revised return, cannot be reckoned for the purpose of limitation ....

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....ion issued under Section 143(1) of the Act can be treated as an assessment order so as to make the filing of revised return of income invalid in terms of section 139(5) of the Act; (ii) Whether, the notice issued under Section 143(2) of the Act can be said to be within the period of limitation, keeping in view the provisions of section 143(2) of the Act applicable to the relevant assessment year ? 9. As far as the first issue is concerned, it is trite law that intimation issued under Section 143(1) of the Act cannot be treated as an assessment order. There are plethora of judicial precedents propounding the aforesaid legal position. Therefore, I do not want to discuss in detail all these decisions. Suffice to say, in case of ACIT vs. Raj....