Dismissing the appeal of the revenue the Tribunal held that the AO cannot hold the return as invalid for failure to enclose the report from Chartered Accountant in form No 3CEB. AO must give an opportunity to rectify the defect with in specified time. The Tribunal entertained the Rule 27 application of the responded in respect of validity of the re assessment. Following the judgement in CIT v Kelvinator of India Ltd. (2010) 320 ITR 561 (SC) the reassessment proceeding was quashed. (AY. 2008-09)
DCIT v. Husco Hydraulics (P.) Ltd. (2019) 179 ITD 559 /(2020) 187 DTR 99/ 205 TTJ 374 (Pune) (Trib.)
S. 139 : Return–Invalid return-Failure to enclose the report from Chartered Accountant in Form No 3CEB–AO must give an opportunity to rectify the defect with in specified time-Reassessment is quashed on the ground of change of opinion. [S. 92E, 139(9), 147, 148, 271BA, ITAT R. 27]