Decided on July 29,1994



PHOOL SINGH, J. M. : This appeal is directed against the order dt. 14th Feb., 1978 recorded by AAC Jamnagar Range, Jamnagar by which the appeal of the assessee relating to asst. yr. 1971-72 was disposed of. - (1.)
(2.) Before taking up the appeal for disposal on merits, it may be pointed out that this appeal came up for disposal before the Tribunal, Ahmedabad Bench-A and this was disposed of vide order dt. 26th Dec., 1979 and at the instance of assessee R. A. No. 372/A/80 was allowed and the following question was referred to the Honble High Court at Ahmedabad for esteemed opinion : "Whether on the facts and in the circumstances of the case, the Tribunal was justified in holding that the revised return filed by the assessee on 5th March, 1974 was a valid return ?" The Honble High Court disposed of IT Ref. No. 561/A/80 vide judgment dt. 24th Nov., 1993 directing the Tribunal to decide the matter afresh in the light of Instruction No. 388 issued by the CBDT, New Delhi. Accordingly, the matter has come up again for disposal before us and owe have heard the learned counsel for the assessee and the learned Departmental Representative and also perused the materials placed before us.
(3.) THE relevant facts are that the assessee filed a return of income under S. 139(4) of IT Act, 1961 declaring total income of Rs. 10,412. As the ITO concerned raised certain enquiries during the process, the assessee filed a revised return declaring total income of Rs. 19,403 on 5th March, 1974. THE ITO framed the assessment order vide order dt. 7th Feb., 1975 on a total income of Rs. 45,550 after making certain additions. THE assessee came in appeal before the AAC, Jamnagar before whom one legal plea was also raised by the assessee that revised return filed on 5th March, 1974 cannot be treated as a valid return because the original return filed on 17th Nov., 1971 was neither filed under S. 139(1) nor under S. 139(2) of the IT Act. As the assessment order has been passed on 7th Feb., 1975, the same is time-barred. THE assessee also challenged the additions on merits. THE learned AAC dismissed the appeal repelling both the pleas of the assessee and concluded that assessment order was passed within time and additions made by the ITO were justifiable. THE assessee preferred the present appeal which was disposed of as mentioned above and now it has come before us.;

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