This is premium content. Please become a Premium member. If you are already a member, login here to access the full content.
If assessee is able to cure the defect in the Return then it will be valid return otherwise it will be invalid
Case Law Details
- Case Name
- Morgan Stanley Asset Management Inc. Vs DCIT (ITAT Mumbai 'L' Bench)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All ITAT, ITAT Mumbai
RELEVANT PARAGRAPH
13. The entire focus in the present appeal is to decide whether the returns filed by the assessee were valid or invalid or defective. Whereas the AO, on observing that the return was not properly verified in as much as it was not signed by the right person, declared it to be invalid and non-est. He further intimated the assessee vide para 5 of his communication dated 11.1.2000 that the act of wrong verification is not a rectifiable defect u/s 139(9) which provides that removal of any defect of a valid return of income. Since your Return of Income is not valid, it cannot be r...
