- (1.) The Income-tax Appellate Tribunal, Patna Bench, Patna, referred to this court under Section 256(1) of the Income-tax Act, 1961 (for short "the Act"), the following two questions of law for its opinion : " (i) Whether, a revised return can be filed when a return has been filed under Section 139(4) of the Income-tax Act, 1961 ? (ii) If the answer to the above question is in affirmative, whether the assessment made on the basis of the return filed by the assessee on March 21, 1978, was a valid assessment ?"
(2.) For the assessment year 1975-76, the assessee filed her return of income on November 4, 1975, under Section 139(4) of the Act. She filed a revised return of income on March 21, 1978. Assessment was completed cm March 9, 1979, on the revised return of income. On appeal, the Appellate Assistant Commissioner set aside the assessment as invalid and directed the Income-tax Officer to complete the assessment de novo. On further appeal before the Tribunal, the only contention raised by the assessee was that when the original return was filed under Section 139(4) of the Act, she was not entitled under law to file a revised return and the assessment made on March 9, 1979, was time barred keeping in view the original return filed under Section 139(4) of the Act.
(3.) Under Sub-section (5) of Section 139, a revised return can be filed if the return had been filed either under Sub-section (1) or (2) of Section 139. We may reproduce Sub-sections (4) and (5) of Section 139 as under : " (4). (a) Any person who has not furnished a return within the time allowed to him under Sub-section (1) or Sub-section (2) may, before the assessment is made, furnish the return for any previous year at any time before the end of the period specified in Clause (b), and the provisions of Sub-section (8) shall apply in every such case ; (b) the period referred to in Clause (a) shall be - (i) where the return relates to a previous year relevant to any assessment year commencing on or before the 1st day of April, 1967, four years from the end of such assessment year ; (ii) where the return relates to a previous year relevant to the assessment year commencing on the 1st day of April, 1968, three years from the end of the assessment year ; (iii) where the return relates to a previous year relevant to any other assessment year, two years from the end of such assessment year." " (5) If any person having furnished a return under Sub-section (1) or Sub-section (2), discovers any omission or any wrong statement therein, he may furnish a revised return at any time before the assessment is made." Section 153 provides for time limit for completion of assessments and Clause (c) of Sub-section (1) relevant for the assessment year 1975-76 is as under : " (1) No order of assessment shall be made under Section 143 or Section 144 at any time after--. . . (c) the expiry of one year from the date of the filing of a return or a revised return under Sub-section (4) or Sub-section (5) of Section 139, whichever is latest.";