SOBHARANI Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

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

(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 should have been completed before March 31, 1973, and, therefore, the assessment made in the case was barred by time. THE contention was advanced on the basis that the return in question was filed under Section 139(4) of the Income-tax Act, 1961, and subsequent revised returns could not be considered to be valid returns under Section 139(5) of the Act. THE Appellate Assistant Commissioner upheld the contention and annulled the order of the Income-tax Officer. THE Revenue went up in appeal before the Appellate Tribunal. THE Appellate Tribunal accepted the contention of the Revenue and set aside the order of the Appellate Assistant Commissioner. THEreupon a reference application was made by the assessee and the aforesaid questions were referred to this court for its opinion.