ELECTRICAL INSTRUMENT COMPANY Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) PURSUANT to a direction given by this court on an application under Section 256(2) of the Income -tax Act, 1961 (in short 'the Act'), the following question has been referred by the Income -tax Appellate Tribunal, Delhi Bench -D (in short 'the Tribunal'), for the opinion of this court :

(2.) THE factual position, which is almost undisputed, is as follows :

(3.) THE return which was filed first was obviously not signed and verified. These are the basic requirements of law under Section 140 of the Act. That being the position, the fortuitous circumstance that a notice under Section 143(2) of the Act was issued, is really of no consequence. The Income -tax Officer, the Appellate Assistant Commissioner and the Tribunal have noted as to under what circumstances the said notice under Section 143(2) was issued. Issuance of such a notice did not validate an invalid return. That being the position, our answer to the question referred is in the negative, in favor of the Revenue and against the assessed.