TaxTMI 
TaxTMI 
2023 (5) TMI 160
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....ssued, none appears at the assessee's behest. He is accordingly proceeded ex-parte. 2. The assessee has raised the following substantive grounds in his instant appeal : "The following grounds are taken without prejudice to each other - On facts and in law, 1) The learned CIT(A) erred in confirming the enhancement of interest u/s 234A by a sum of Rs.30,46,802/- made by the A.O. in the order u/s 154. 2) The learned CIT(A) failed to appreciate that - a. As the order of asst, u/s 147 itself was null and void, the order u/s 154 rectifying the mistake in that asst, order is bad in law. b. The issue involved of enhancing the interest u/s 234A did not constitute mistake apparent from record and therefore, the order u/s 154 was bad in l....
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....08.02.2013 stating taxable capital gains income of Rs.1,84,19,636/- without paying any self-assessment tax thereupon. The Assessing Officer thereafter formed his reasons to believe of the assessee's taxable income is in the nature of capital gains of Rs.1,85,00,000/- (supra) had escaped assessment. He thus issued sec.148 notice dated 27.03.2018. The assessee filed his return dated 17.10.2018 in response thereto stating the very income of Rs. 1,84,19,636/-. He did not pay any self-assessment tax qua the instant latter return as well. The Assessing Officer then framed his sec.143(3) r.w.s. 147 assessment on 19.11.2018 accepting the returned income. There is further no issue between the parties that the said re-assessment attained finality for....
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....e assessee's former return dated 08.02.2013 was very much a valid one u/s.139(9A) read with Explanation(c)(i) thereto as per this tribunal's coordinate bench's order in Meters and Instruments Pvt. Ltd., vs. Inspecting Assistant Commissioner [1991] 39 ITD 269 (Del.) and, therefore, both the lower authorities have wrongly held the same as a defective and invalid return. Learned counsel lastly posed challenge to validity of sec.148 proceedings itself that in case the assessee's former return is held to be a valid one which declared taxable income from capital gains of Rs.3,33,54,241/-, there would not be any occasion for the Assessing Officer to record his reasons of the same having escaped assessment. 7. Mr. Jasnani on the other hand veheme....
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.... for the assessee in this regard is very simple. According to him, return of income has to be accompanied by certain documents as detailed in section 139(9) of the Act. Inviting our attention to Explanation to section 139(9), it was submitted that the return has also to be accompanied by proof of advance tax and self-assessment tax. Elaborating the submission, the Ld. Counsel argued that if the assessee filed a return of income without attaching the proof of advance tax or self-assessment tax then the return would be a defective one and if the assessee could not remove the defect within 15 days from the date of receipt of intimation from the Assessing Officer then such a return shall be treated as an invalid return. The Ld. Counsel for the ....
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....no doubt that what is expected of the assessee is to attach challans of payments which are claimed to have been made by the assessee and not in respect of payments which should have been made were not made by the assessee. If the assessee had not made any payments which he should have made and has not attached a challan in respect thereof, the return filed by him would not be a defective one. If the interpretation of the assessee were to be accepted that a return could not be filed without payment of advance tax. self-assessment tax etc., then the provisions of section 140A(3), re-enacted w.e.f., 1-4-1976, would be rendered meaningless. A provision of law has to be interpreted in such a way that its purpose is effectuated and not nullified ....