Case Law Details
On a plain reading of section 143(1B) it is apparent that the provision mandates that if after the issuance of intimation, a revised return is furnished by an assessee under sub-section (5) section 139 it is incumbent upon the Assessing Officer to process the revised return and amend the intimation issued under section 143(1)(a) on the basis of the revised return. At this stage there is no question of going into the validity of the return filed under section 139(5) of the Act, if the revised return is filed within the prescribed period of limitation. An intimation under section 143(1)(a) of the Act cannot be equated with an assessment framed under section 143(3) of the Act and the Assessing Officer cannot refuse to process the revised return and modify the intimation in accordance with section 143(1B) of the Act.
Gujarat High Court
CIT Vs Himgiri Foods Limited
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Your effort to discuss pros and cons of fling the revised Return are praise worth. Please site some more recent judgmentsd o9n the subject as per esistng Sec. 139(5).If the A O omits intentionally or otherwise the processing of revised Return which was valaid in all respects is the assessment aframed u/s 143(3)/144 shall be non-est i the eye of law? Please cite some H C /S C/Triabunal Judgments on the issue.
Again lots of praises for you.
BLGupta, Advocate Bhopal M- 9425646464.