Indian Kanoon - Search engine for Indian Law

46. We have heard the parties. The issue whether a return under Section 139(4) can be revised under Section 139(5) is not free from controversy. In O.P. Malhotra v. CIT [1981] 129 ITR 379 (Delhi) and Dr. S.B. Bhargava v. CIT [1982] 136 ITR 559 (All.), the opinion expressed was: where a return was filed under Section 139(4), there could be no valid revised return thereafter under Section 139(5). On the other hand, in Mst. Zulekha Begum (Khatoon) v. CIT [1981] 129 ITR 560 (Cal.) and Kumar Jagadish Chandra Sinha v. CIT [1982] 137 ITR 722 (Cal.), the opinion expressed was that a revised return under Section 139(5) could be filed in respect of an earlier return filed under Section 139(4). Shri Prasad's contention in the matter was that since this is a matter which has given rise to two interpretations, the one favouring the assessee should be adopted. That was the law of the land under Article 141 of the Constitution of India. Apart from this, he also relied strongly on Instruction No. 888 of the CBDT, issued under F. No. 243/13/75-A & P (AC-II), dated 1-10-1975. Here the Board clearly expressed its view that the extended time; limit of one year under Section 153(1)(c) will not be available in respect of a return purported to be filed under Section 139(5), where originally the return was filed under Section 139(4). In other words, the Board has instructed its officers that an assessee is not entitled to life a revised return under Section 139(5), where a return under Section 139(4) has already been filed. In this situation, looking to the mandatory terms of Section 119 as well as the case law in support of the stand taken for the assessee, we are obliged to hold that the authorities were not justified in looking upon the return filed on 12-3-1981 as a valid return. In other words, assessment ought to have been completed by or before 31-3-1981 on the basis of the return under Section 139(4) filed on 13-12-1979. That not having been done, the assessment for 1978-79 purporting to have been made under Section 147 on 4-11-1981 is cancelled.