Unsigned return is a defective return but this defect can be cured

RELEVANT PARAGRAPH 7 In our opinion, once Section 140 of the Act mandates that the return has to be signed in the case of a company by the Managing Director and where Managing Director is not available by any Director thereof, it is not possible to hold that the signing of the return by the Company Secretary is merely an irregularity. When the law provides for a particular thing to be done in particular manner, it must be so done. Apart from that the language used in Section 140 is “Shall be signed and verified”. In our opinion, therefore, the principles as laid down by the Supreme...