Income-tax Return

Last updated: 08 December 2007

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Court :
HC

Brief :
Held by the Hon`ble Court that the provision relating to filing of return of income within the stipulated time is applicable to a person who is required to file a return u/s 139(1), a person not having any taxable income is not bound to file the INCOME-TAX RETURN as such the time limit provided for filing of INCOME-TAX RETURN also cannot be applied. Hence, the Assessing Officer cannot refuse to process the INCOME-TAX RETURN on the grounds of not filing the return on time.

Citation :
A. Balakrishnan Vs. General Manager, Hindustan Machine Tools Ltd. and Another

A. Balakrishnan Vs. General Manager, Hindustan Machine Tools Ltd. and Another 02/01/2007 [2007] 290 ITR 227 (Karn) Case Fact: Whether Assessing Officer can refuse to process the return of income filed after the time stipulated in the Income tax Act, when the assessee has taxable income below the limit specified u/s 139? Decision: Held by the Hon`ble Court that the provision relating to filing of return of income within the stipulated time is applicable to a person who is required to file a return u/s 139(1), a person not having any taxable income is not bound to file the INCOME-TAX RETURN as such the time limit provided for filing of INCOME-TAX RETURN also cannot be applied. Hence, the Assessing Officer cannot refuse to process the INCOME-TAX RETURN on the grounds of not filing the return on time.

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Judgement posted by

CA.Saibaburao Nanduri

Chartered Accountant

I am a commerce graduarte of Andhra University. Studied at HINDU COLLEGE, Guntur. Became FCA and started Practice under the name and style of M/s SAIBABU RAO CO I became Chairman of CA Institute, Guntur Branch, during the year 2008-09 My post qualifications are: Information Systems Audit DISA (ICAI) ... Read more

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