For the assessment year 1989-90 the assessee filed its return of income on November 19, 1989 and a revised return under section\u00a0139(5). Pursuant to the issuance of intimation dated August 27, 1991 under section\u00a0143(1)(a)\u00a0the Assessing Officer issued a notice under section\u00a0143(2)\u00a0for scrutiny assessment. In the course of hearing, the assessee filed another revised return on October 29, 1991 and claimed deduction of deferred revenue expenditure. The Assessing Officer treated the second revised return as non-est and completed the assessment. The Commissioner (Appeals) confirmed his order. The Tribunal held that under the scheme of the Act the assessee was entitled to make a claim, which otherwise was omitted to be claimed in the return during the course of assessment proceedings and reversed the order of the Commissioner (Appeals). On appeal,allowing the appeal of the Revenue the Court held that under the provisions section\u00a0139(5), while the assessee was entitled to file a revised return it had to be filed within the time provided therein, i. e., at any point of time before the expiry of one year at the end of the relevant assessment year or before the completion of the assessment, whichever was earlier. On the admitted fact that the assessee had filed its second revised return on October 29, 1991 beyond the one year time from the expiry of one year time limit from the end of the assessment year 1989-90, the provision could not be relaxed in any manner to accept the plea of the assessee. If the Act had stopped just with recognizing such right and has stated nothing about the time frame within which it should be done, then, the assessee\u2019s claim may stand the scrutiny of the statute. But when the Act stipulates that a particular act has to be performed within the particular time, it goes without saying that anything done beyond the time set forth in the section losses the statutory protection. Accordingly the High court\u00a0 set aside order of Tribunal and Order of\u00a0 Assessing Officer confirmed by Commissioner (Appeals) is restored. \u00a0On appeal by assessee,\u00a0 dismissing the appeal the Court held\u00a0 that section\u00a0139(5)\u00a0of the Act, at the relevant time, permitted the furnishing of a revised return at any time before the expiry of one year from the end of the relevant assessment year or before the completion of the assessment, whichever was earlier. When the revised return dated October 29, 1991 was filed, it was barred by limitation in terms of section\u00a0139(5)\u00a0of the Act. The Tribunal had not exercised its power under section\u00a0254\u00a0of the Act to consider the claim. Instead, the Tribunal directed the Assessing Officer to consider the assessee’s claim. The Assessing Officer had no jurisdiction to consider the claim made by the assessee in the revised return filed after the time prescribed by section\u00a0139(5)\u00a0for filing a revised return had already expired. Order of High Court is affirmed.\u00a0\u00a0\u00a0 (AY. 1989-90)<\/p>\n","protected":false},"excerpt":{"rendered":"
S. 139 : Return of income-Revised return of income-Bar of limitation-Revised return was filed after expiry of prescribed time-Tribunal directing Assessing Officer to consider Assessee\u2019s claim made in revised return-Order of Tribunal is set aside by the High Court-Order of Assessing Officer confirmed by Commissioner (Appeals) is restored-Appeal of assessee is dismissed. [S. 139(5), 143(1)(a), 143(2), 254(1), Art. 136] <\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[21],"tags":[],"class_list":["post-49552","post","type-post","status-publish","format-standard","hentry","category-income-tax-act"],"acf":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p9S2Rw-cTe","jetpack-related-posts":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/49552","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/comments?post=49552"}],"version-history":[{"count":1,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/49552\/revisions"}],"predecessor-version":[{"id":49553,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/49552\/revisions\/49553"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/media?parent=49552"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/categories?post=49552"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/tags?post=49552"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}