Income Tax Act, 1961 in its return or by filing a valid revised return as held by the Hon'ble Supreme Court in Goetze ... available to Assessee is to file a revised return. This view taken by Assessing Authority was held valid.
19. In the present case, Assessee claimed
time of filing
revised return of income on 26/12/2015,
the assessee could have filed revised
return of income till 31/03/2016 ... computation of
income at the assessment stage other than
filing a valid revised return of income.
Hence, the application filed
certain
valid reasons.
ITA 14/2004 Page 3 of 14
ii. The audit report was filed along with the revised return on 12 th March
delivered at 2.35 PM on 23.10.17 is
hereby rejected.
Announced.
Sd/-
Returning Officer
61-Theog Assembly Constituency
Place; Theog
Date; 24.10.2017"
Order ... date of nomination, whereas the revised
Form-B submitted through Electino Agent
on 24.10.2017 can not be considered as
valid as act ibid.
Therefore
impugned proceedings and directed that the assessee be
permitted to revise his return and on that basis to complete
the assessment.
5. Insofar ... learned single Judge has
allowed the assessee to file his revised return long after the
registration itself has been cancelled. Therefore, according
to the learned
could not make such claim otherwise than
by way of a revised return. He relied on decision of the Supreme Court
in the case ... clearly states that consideration of the valid claim of
the assessee other than by way of a valid return can be
entertained by the appellate
also enclosed. Therefore, it was submitted that there are no valid grounds for treating the stock transfer to Pondicherry as sales made within the State ... returns and disclosed in the books of accounts also. On receipt of the objections, the second respondent issued a revised notice dated 18.08.2004.
11.Learned
capital
expenditure debited to Profit and Loss Account' in the revised return.
(ii) In the counter-affidavit filed by the Revenue in the present ... first round to appreciate this
distinction. The mere filing of the revised return would not amount to a
full and true disclosure. As regards
requirement of any fresh/revised affidavit in Form 26 which
according to the petitioner, satisfied the Returning Officer, however,
he later came to know that ... sole respondent, who is the
returned candidate, there was no infirmity in the decision of the
Returning Officer to reject the nomination of the election
delayed returns
and delayed revised returns. Since the Assessing
Authority had accepted that the returns were belated, then
there is no returns, thus there ... filed returns within stipulated period by its own
conduct prevented the Assessing Authority from assessing
6
its returns for yesteryears. The revised returns was still
