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1985 Supreme(Raj) 507

M.C.JAIN, S.S.BYAS
Sobharani – Appellant
Versus
Commissioner of Income – Respondent


JUDGMENT

1. The Income-tax Appellate Tribunal, Jaipur Bench, Jaipur, has referred the following questions for the opinion of this court :

"1. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that a return filed under section 139(4) of the Income-tax Act, 1961, can be revised in terms of section 139(5) of the Act ?

2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that a revised return filed on December 7, 1972, could be further revised on December 5, 1973 ?

3. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the assessment order completed on March 30, 1974, as not barred by time ?"

2. The reference arises out of the following facts. The assessee, an individual, filed a return of income on March 2, 1971, thereafter revised the same on October 12, 1972, December 7, 1972, and December 5, 1973. The Income-tax Officer assessed the income, vide his assessment order dated March 30, 1974. The matter was taken up by the assessee before the Appellate Assistant Commissioner before whom it was submitted by the assessee that the assessment







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