- (1.) THE following question of law has been referred for the opinion of this Court by the Tribunal, Amritsar Bench, Amritsar, 1973 -74. "Whether, on the facts and circumstances of the case, the Tribunal was right in law in upholding that a return filed under s. 15 of the WT Act, 1957, could not be subsequently revised in terms of s. 15 itself and consequently holding that the 17A of the Act in respect of the assessment year in dispute -
(2.) THE facts as noticed by the Tribunal are that the assessee Shri Mehnga Singh, son of Sh. Pakhar Singh, is an individual whose wealth consists of movable as well as immovable properties. Original returns for the assessment years went in appeal and the assessments were set aside to the file of the AO. Fresh assessments were made by the WTO on filed appeals against the order of the AAC before the Tribunal and the Tribunal dismissed the appeals of the Department
(3.) THE Revenue sought reference of a question of law arising therefrom for the reason that there were different opinions of various High Courts on the issue as to whether a belated return could be revised or not and the revised return so filed could be dealt with by the AO or not. The opinion on the one side being by the Delhi High Court in O.P. Malhotra vs. CIT (1981) 129 ITR 379 (Del) the Allahabad High Court in Dr. S.B. Bhargava vs. CIT (1982) 30 CTR (All) 260 : (1982) 136 ITR 559 (All), the Rajasthan High Court in Vimalchand vs. CIT (1985) 48 CTR (Raj) 52 : (1985) 155 ITR 593 (Raj) and the Kerala High Court in Eapen Joseph vs. CIT (1987) 64 CTR (Ker) 324 : (1987) 168 ITR 26 (Ker). The above judgments were taking the view that a belated return filed could not be revised and consequently the same being invalid could not have been treated and acted upon as revised return. The view on the other side was by the Calcutta High Court in Kumar Jagadish Chandra Sinha vs. CIT (1982) 26 CTR (Cal) 323 : (1982) 137 ITR 722 (Cal) and Balish Singh and Co. vs. CIT (1986) 56 CTR (Cal) 88 : (1987) 165 ITR 575 (Cal) by the Madras High Court in Nanjappa Textiles vs. CIT (1985) 153 ITR 109 (Mad). The question was referred to this Court for opinion for the reason that there were divergent of opinions of different High Courts on the issue of there being no judgment of the Hon'ble Supreme Court or the jurisdictional High Court at the relevant time.;