taken a view that the third return (second revised return) was not a valid return and, therefore, the assessee's claim for exemption Inform ... assessee to file another return (revising the return filed on 30th Nov., 2000), was available and the AO had validly taken cognizance of the said
Ground No.3 - The learned AO has failed to appreciate the valid revised
return filed by the appellant trust in Form ... considering that the revised
return of income filed in Form ITR-5, claiming exemption on the
principle of mutuality, was validly filed under section
2001 i.e. date of filing of revised return and
therefore revised return filed is valid.
Hon'ble Commissioner of Income Tax (Appeals), Ujjain ... April, 2001, i.e. date of filing of
revised return and therefore revised return filed was valid.
The Ld. Counsel for the assessee further contended
relevant
materials on record. We note that the assessee filed its revised return of
income on 25.03.2013 along with the audit report in Form ... provided U/s 139(5) and
therefore, it was a valid revised return of income. Once, the assessee
filed a valid revised return of income
Further it is stated by him that merely because return was revised after
issue of notice u/s 143(2) , it cannot be presumed that ... Trib-Ahd).
Further, it is stated by him the return validly revised u/s 139(5) for
correcting a bona fide mistake in the original
view that the
Assessing Officer has treated the Revised Return as "non est"
10
ITA NOS. 2565 & 2566/D/2012
wrongly ... claim not made in original return nor made by way of valid
revised return but made in the course of assessment - AO was obliged
assessee revised the return
of income u/s 139(5) of the Act on 26/12/2007. The said revised return was
a valid return ... original return however, the tax on the return disclosed
in the revised return has been deposited before filing the revised return.
8.8 On a similar
return on 10.6.08 is neither voluntary nor valid u/s 139(5) .
A valid revised return could be filed only upto ... revised return? In our considered
view the return filed under section 139(5) alone can be said to be a
revised return. Since time limit
original return, such
claim can be made in a valid revised return. We find that there is no dispute
to the fact that the assessee ... original return and claimed it in a valid revised
return. However, in the above referred decision there is no reference to
electronically filing the audit
want of provisions in the Act.
The claim made without valid revised return u/s 139(5) cannot
be entertained by the Assessing Officer (Supreme
