24 October 2013
For the assessment year 2011-12, R could not file the return within the due date. The Assessing Officer passed the order under section 144 on 31.05.2012 which was received by the assessee on 5.6.2012. The assesss filed the return on 2.6.2012. Is the return valid?
24 October 2013
Section 139(4) suggests that "Any person who has not furnished a return within the time allowed61 to him under sub-section (1), or within the time allowed under a notice issued under sub-section (1) of section 142, may furnish the return for any previous year at any time61 before the expiry of one year from the end of the relevant assessment year or before the completion of the assessment, whichever is earlier"
Given that assessment order has been issued, the option of filing belated return is closed.
(a) fails to make the return required 98[under sub-section (1) of section 139] and has not made a return or a revised return under sub-section (4) or sub-section (5) of that section, or
(b) fails to comply with all the terms of a notice issued under sub-section (1) of section 142 99[or fails to comply with a direction issued under sub-section (2A) of that section], or
(c) having made a return, fails to comply with all the terms of a notice issued under sub-section (2) of section 143,Assessing Officer, after taking into account all relevant material which the Assessing Officer has gathered, shall, after giving the assessee an opportunity of being heard, make the assessment3] of the total income or loss to the best of his judgment and determine the sum payable by the assessee on the basis of such assessment :
Provided that such opportunity shall be given by the Assessing Officer by serving a notice calling upon the assessee to show cause, on a date and time to be specified in the notice, why the assessment should not be completed to the best of his judgment...
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