Dismissing the appeal of the revenue the Court held that ;theassessee has not filed tax audit report along with the return of income . Assessing Officer’s direction to comply the mistake has not been rectified . Revised return was filed beyond period prescribed by Assessing Officer. No condonation of application was filed either before Assessing Officer , CIT(A) or Tribunal. Accordingly treating the return as in valid by the Tribunal is is held to be justified .(AY. 1997-98)
Hytaisun Magnetics Ltd. v. JCIT (2018) 258 Taxman 264 (Guj.)(HC)
S. 139 : Return of income –Failure to file tax audit report-Direction of the Assessing Officer to rectify the mistake- Revised return filed beyond period prescribed by Assessing Officer –No condonation of application was filed either before Assessing Officer , CIT(A) or Tribunal-Treating the return as in valid is held to be justified .[ S.44AB, 139(9)]