Case Law Details
Rohit Infra Projects Pvt. Ltd. Vs DCIT (ITAT Mumbai)
Ld. CIT-DR for department first of all expressed doubt about the fact as to whether the assessee had filed the original return of income u/s 139(1) of the Act before the due date of filing or not. After having perused the copy of the original return of income which was shown to him as well as considering the Ld. CIT(A)’s observation that assessee had filed the original return on 29.09.2013, he expressed his satisfaction that assessee had filed the original return on 29.09.2013. Thereafter, the Ld. CIT-DR also perused the copy of the revised return filed on 19.03.2015 and submits that the assessee may have filed the same, but the AO who had framed the assessment may not be aware of the filing of the revised return. Be that as it may, we note as a matter of fact that the assessee had filed the original return of income u/s 139(1) of the Act on 29.09.2013. And thereafter, it has filed the revised return on 19.03.2015 which fact has been admitted by the Ld. CIT(A) at para no. 94 of his impugned order. Therefore, in the light of the judgment of the Hon’ble Karnataka High Court in the case of CIT Vs. Mangalore Chemicals & Fertilizers Ltd. reported in 59 Taxman 508 (Karnataka) order dated 31.01.1991 (supra), we are of the opinion that since the assessee had filed the revised return of income on 19.03.2015, the original return filed dated 29.09.2013 u/s 139(1) of the Act effaces and obliterates. Since the revised return of income was filed on 19.03.2015 u/s 139(4) of the Act, it was a valid revised return as per the law in force at that time. In such a scenario, the AO ought to have considered the revised return of income for assessing the income of assessee. But, despite assessee filing the same, the AO erred is not considering the same and passed the assessment on 27.03.2015. Therefore, we set aside the order of the Ld. CIT(A) and remand the assessment back to the file of the AO with a direction to frame denovo the assessment. Needless to say that the assessee would be given proper opportunity during the course of the assessment proceedings. And the Ld AR undertakes to diligently appear/file, the details/documents called for by the AO during the assessment proceedings. The AO frame de-novo the assessment taking in to consideration the revised return of income.
FULL TEXT OF THE ORDER OF ITAT MUMBAI
This is an appeal preferred by the assessee against the order of the Ld. Commissioner of Income Tax (Appeals)-11, Pune dated 31.01.2017 for the assessment year 2013-14.
2. The main grievance of the assessee is that the assessee had filed the revised return of income for AY. 2013-14 on 19.03.2015 which has not been taken into consideration by the AO, before framing the assessment order passed u/s 143(3) of the Income Tax Act on 27.03.2015, therefore, the assessment need to be made de-novo.
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