06 September 2010
One assessee has submitted income tax return for a.y.08-09 without signature.(his taxable income is 165000 and turnover of Rs.20lakh) His case has come under secrutiny under section 143(2) AO is maintaining that return is without signature everytime. a)Now what is the remedy to correct that mistake? b) What are the powers of A.O. in this case.
06 September 2010
In case of above the same will be considered as a defective return u/s 139(9) and an opportunity will be given by the A. O. to the assessee to rectify the defect within 15 days.
06 September 2010
The defect of not signing a return cannot be set right as Adity Ji said since that defect is not covered in the explantion to section 139(9)of the Income tax Act,1961. Courts have repeatedly said that a return which is not signed and verified will be an invalid return as distinguished from an incomplete return. One such decision is in CIT V Harjinder Kaur (2009) 310 ITR 71 (P & H).
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