CIT v. Mukhtar Minerals (P.) Ltd. ( 2020) 195 DTR 393/ (2021) 432 ITR 152/ 321 CTR 30/ 276 Taxman 218 (GOA) (Bom.)(HC)

S. 254(1) : Appellate Tribunal-Powers-Revised return-Remanded to the Assessing Officer to assessee the original return. [S. 139(5)]

Assessee company filed its return of income declaring total income of certain amount.  Thereafter, a survey was conducted at premises of assessee pursuant to which it filed revised return disclosing an income of certain amount. Assessing Officer concluded assessment by accepting revised return filed by assessee.  However, Tribunal held that revised return was barred by limitation and therefore, same could not be acted upon by Assessing Officer and also deleted disallowances/additions made by Assessing Officer. On appeal by the revenue the Court held that Tribunal was justified in holding revised return as barred by limitation, but Tribunal was not justified in going into issue of disallowances/additions before Assessing Officer had an opportunity of assessing original return and determine amount which was liable to be brought to tax t therefore, matter was to be remanded back to Assessing Officer to assess original return of assessee.  (AY. 2007-08)