( 1 ) THIS is an income tex reference pertaining to the assessment year 1960-61 corresponding to the evious year ending on March 31, 1960.

( 2 ) FOR the above assessment year Shri O. P. Malhotra, the assessee. filed a return showing an income of Rs. 1,720 (which was below the taxable limit) on March 31, 1965. On March 28, 1966, he filed a revised return declaring an income of Rs. 4,295. The assessment was completed by the Income Tax Officer on March 29, 1966 under Section 143 (3) of the Income Tax Act, 1961 on a total income of Rs. 20,000.

( 3 ) THE Income Tax Officer observed that the assesses had filed a return income under Section 139 (4) of the Income Tax Act, 1961 on March 30, 1965. The rewised return purportedly filed by the assessee was, according to the Income Tax Officer. an invalid return because Sec. 139 (5) of the 1961 Act enabled the assessee to file a revised return only in cases where a return had been furnished by him under sub section (1) or (2) of Section 139 of the Act, and as the assessee had not filed the return dated March 30, 1965 under either of the above mentioned sub-sections, the return dated March 28, 1966 could not be supported by referenc