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Prakash Nath Khanna & Anr vs Commissioner Of Income Tax And Anr on 16 February, 2004

7. Another argument put forth before the Special Bench was that Sec.139(4) is a proviso to Sec.139(1) of the Act and therefore return filed before the time limit prescribed in Sec.139(4) should also be considered as a return filed u/s.139(1) of the Act. This argument was also considered and rejected by the Special Bench and the Special Bench held that the Hon'ble Supreme Court in the case of Prakash Nath Khanna vs. CIT as reported in 266 ITR 01 (SC) has held that filing of return of income within the time allowed u/s 139(4) of the Income tax Act, 1961 cannot dilute the infraction in not furnishing return in due time as prescribed u/s 139(1) of the Income tax Act, 1961.
Supreme Court of India Cites 29 - Cited by 223 - A Pasayat - Full Document
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