COMMISSIONER OF INCOME-TAX Vs. N SHRIVASTAVA

JUDGEMENT

(1.) THE Income-tax Appellate Tribunal, Indore Bench, Indore, has referred the following question to this court for its opinion under Section 256 (1) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"):

(2.) THE facts in brief necessary to answer the aforesaid question are that with regard to the assessment year 1978-79, the accounting year of which ended on March 31, 1978, the assessee filed his return under Section 139 (4) of the Act on March 22, 1979, he not having filed a return under Section 139 (1) or (2), Subsequently, the assessee filed another return on March 11, 1981 purporting to be a revised return. The assessment order was passed on November 23, 1981, i. e. , within one year from March 11, 1981, the date on which the revised return was filed.

(3.) THE case which was set up by the assessee was that since the return under Section 139 (4) of the Act had been initially filed on March 22, 1979, the order of assessment could have been passed only within one year from that date, namely, up to March 22, 1980, in view of Section 153 (1) (c) of the Act and the same not having been passed by that date, but having been passed only on November 23, 1981, the assessment was barred by time.