Case:
One of my friends filed the Return for assesment year 2007 - 08 before due date under sec 139 (i) and it has been processed under sec 143(i) in Nov 2007. He used the same printed ITR form in which the assesment year has 2007 - 08 and filed the return for the assesment year 2008 -09 without changing the assesment year and that to before due date. In the ack the assesment year has been changed from 2007-08 to 2008-09. The respective ITO has completed the assesment on the basis of the second return filed for the year again 2007 -08 instead of 2008- 09 and raised demand.
Questions :
1. Whether the second return filed as a belated return under sec 139(4)
2. whether the assessment done by the ITO on the second return without sending any notice under sec 148 for regularizing the same? is it a valid one or not?
3. Whether the demand has to be paid by the assesse or not ?
4. Is there any remedy in the hands of the assesse for not paying the tax?
Thanks & Regards,
Chakri
CAclubindia
