Validity of scrutiny assessment- Notice issued U/s. 143(2) based on original Vs revised return

M/s Padmini Products Pvt. Ltd. Vs DCIT (ITAT Bangalore)

Assessee filed return of income declaring loss and thereafter, filed revised return enhancing the amount of loss declared in the original return. The case of the assessee was selected for scrutiny and notice under section 143(2) was issued by AO. The assessee contended that the scrutiny assessment proceedings were not valid because the notice under section 143(2) was issued pursuant to original return of income and not on the basis of revised return of income filed by the assessee.

Argument of the assessee is not correct as there is no status to revised return in the eye of law merely to rectify any omission or wrong statement made in the original return. It is clear from the notice u/s 143(2) that the AO noted down the filing of revised return on 12/12/2012, therefore, it cannot be said that notice was issued without considering the revised return. In our view, this contention of the assessee is baseless and is required to be dismissed.

FULL TEXT OF THE ITAT JUDGMENT

This appeal by the assessee is directed against the order passed by the Commissioner of Income-tax (Appeals) -5, Bangalore dated 27^th Jan, 2016 for the assessment year 2012-13.

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