deduction under Section 32 . Even in the absence of Rule 5AA, the return of income in the form prescribed itself requires particulars to be furnished ... revised return is a valid return and the assessee has withdrawn the claim of depreciation, it cannot be granted relying on the original return when
revised return to be riled in cases where the return is filed under Section 139(4) of the Act. So, the return filed on March ... also one year beyond the date of the return and also the revised return and so even the extended period under Section
condone the delay and to treat the return as a valid return provided a proper return is filed by curing the defects before the assessment ... second
respondent to condone the delay and to treat the return as a valid return. Though the said power appears to be discretionary
deduction under section 32 . Even in the absence of rule 5AA, the return of income in the form prescribed itself requires particulars to be furnished ... revised return is a valid return and the assessee has withdrawn the claim of depreciation, it cannot be granted relying on the original return when
Whether the revised return filed by the assessee under
the Act can be treated as a revised return completely
effacing the original return filed ... Once we have found that the revised return cannot
have the effect of effacing the original return, it is explicit that
concealment of the particulars
original return on 4th March, 1993. Later, the assessee filed a revised return on 26th April, 1993, and further revised return on 28th July ... only valid return is the return filed on 4th March, 1993, and that the AO has processed only the last revised return, which
revised return since a revised
return is, by definition, a return that revises an earlier return filed.
In the instant case, since there ... valid return originally filed,
there was no question of revising it either.
3. Thus, in view of the decision of the Supreme Court in
Kumar
Subsequently, on 18/02/2010, the assessee filed a
revised return for the assessment year 2004-05 offering a
reduced total income ... Since the revised return of income has
been filed beyond the due date for filing a valid return, no action
was taken
request of the appellant for permission
to file revised return was for proper and valid
reason. The second issue raised was whether the
estimation ... first question regarding the denial
of permission for filing revised return is concerned,
reading of the order of the Tribunal shows that the
proceedings under
file revised return as contemplated under section 42(2) of the Act,
and having filed the audited Statement of Accounts and revised
OTRV ... being valid, there cannot
be any assessment for escaped turnover under section 25 of the
Act and that eligibility to file revised return under section