The DCIT, Circle-15, Ahmedabad V. Shri Umesh R.Shah, Ahmedabad

ITA 2417/AHD/2010

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 73161 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 8 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-03-2014
• Appeal Filed By: Department
• Bench Allotted: A
• Next Hearing Date: 31-03-2014
• Assessment Year: 2007-2008
• Appeal Filed On: 28-07-2010
• Court: TRIBUNAL
• Department Lawyers: O P BATHEJA
• Keywords: Revised return
• Section: 139(5); 154; 139

Judgement Text

, , , , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD , , , , . .. . . . . . , , , , !' ! # !' ! # !' ! # !' ! # BEFORE SHRI MUKUL KR. SHRAWAT, JUDICIAL MEMBER AND SHRI N. S. SAINI, ACCOUNTANT MEMBER ./ ././ ./ ITA NO. 2417/AHD/2010 % &% % &% % &% % &%/ // / ASSESSMENT YEAR 2007-08 DY. COMMISSIONER OF INCOME TAX, CIRCLE-15, AHMEDABAD. VS SHRI UMESH R. SHAH AHMEDABAD. PAN: AGVPS0990C '(/ APPELLANT )*'( / RESPONDENT REVENUE BY : SH. O.P. BATHEJA, SR. D.R. ASSESSEE(S) BY : NONE + , -'/ // / DATE OF HEARING : 31/03/2014 ./& , -' / DATE OF PRONOUNCEMENT : 31/03/2014 !0 !0 !0 !0/ // / O R D E R PER SHRI N.S. SAINI, ACCOUNTANT MEMBER: THIS IS AN APPEAL FILED BY THE REVENUE AGAINST TH E ORDER OF THE CIT(A) DATED 24.05.2010. 2. THE SOLE GROUND OF APPEAL TAKEN BY THE REVENUE IN THIS APPEAL IS THAT THE LD. CIT(A) FAILED TO TAKE INTO CONSIDERATI ON CBDTS DIRECTIONS ISSUED VIDE LETTER NO. 200/34/2009-ITA DATED 6.10.2009 THA T EX-GRATIA PAYMENT RECEIVED UNDER EXIT OPTION SCHEME OF STATE BANK OF INDIA, STATE BANK OF PATIALA AND OTHER ASSOCIATE BANKS ARE NOT ELIGIBLE FOR EXEMPTION U/S 10(10C) OF THE I.T. ACT. ITA NO. 2417/AHD/2010 SH. UMESH R. SHAH VS. DCIT, CIR.-15, AHD. FOR A.Y. 2007-08 - 2 - 3. THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESS EE FILED ORIGINAL RETURN OF INCOME ON 31.03.2008 AND DUE DATE FOR FIL ING OF RETURN BY THE ASSESSEE U/S 139(1) OF THE ACT WAS 31.07.2007. THE RETURN WAS PROCESSED AND INTIMATION U/S 143(1) OF THE INCOME TAX ACT, 19 61 WAS ISSUED ON 27.08.2008. 4. THEREAFTER, THE ASSESSEE FILED REVISED RETURN O F INCOME TOGETHER WITH AN APPLICATION U/S 154 OF THE ACT ON 06.11.200 8 AND CLAIMED DEDUCTION U/S 10(10C) OF THE I.T. ACT OF RS 5,00,000/- ON EX- GRATIA PAYMENT RECEIVED ON VOLUNTARY RETIREMENT EXIT OPTION SCHEME OF STATE BANK OF INDIA. 5. THE ASSESSING OFFICER REJECTED THE PETITION FIL ED U/S 154 OF THE ASSESSEE ON THE GROUND THAT SINCE THE ORIGINAL RETU RN OF INCOME WAS FILED BY THE ASSESSEE BELATEDLY ON 31.03.2008 AND NOT WITHIN THE TIME PRESCRIBED U/S 139(1) OF THE ACT WHICH WAS 31.07.2007 AND THEREFOR E, THE RETURN CANNOT BE REVISED BY THE ASSESSEE. 6. ON APPEAL, THE LD. CIT(A) DECIDED THE ISSUE ON MERITS IN FAVOUR OF THE ASSESSEE. 7. NOTICE OF HEARING WAS SENT THROUGH LD. DR FOR T HE HEARING FIXED ON 31.03.2014 AND THE LD. DR PLACED BEFORE US A LET TER FROM DCIT, CIRCLE- 15, AHMEDABAD DATED 20.03.2014 EVIDENCING THE FACTS OF SERVICE OF NOTICE ON THE ASSESSEE ON 07.03.2014 FOR THE HEARING FIXED ON 31.03.2014. 8. NONE WAS PRESENT ON BEHALF OF THE ASSESSEE WHEN THE CASE WAS CALLED FOR HEARING AND NEITHER ANY ADJOURNMENT APPL ICATION WAS FILED. THEREFORE, THE BENCH PROCEEDED TO HEAR THE APPEAL E X-PARTE QUA THE RESPONDENT AND DISPOSED OFF THE APPEAL ON MERITS. 9. THE LD. DR SUPPORTED THE ORDER OF THE ASSESSING OFFICER. ITA NO. 2417/AHD/2010 SH. UMESH R. SHAH VS. DCIT, CIR.-15, AHD. FOR A.Y. 2007-08 - 3 - 10. AFTER HEARING THE LD. DR, WE FIND THAT THE UND ISPUTED FACTS OF THE CASE ARE THAT THE RETURN FILED BY THE ASSESSEE IN T HE INSTANT CASE WAS NOT FILED WITHIN THE DUE DATE U/S 139(1) OF THE ACT WHI CH WAS 31.03.2007. THE RETURN OF INCOME FOR THE ASSESSMENT YEAR 2007-08 WA S FILED ON 31.07.2008. THEREFORE, THE ASSESSEE WAS NOT ELIGIBLE TO FILE A REVISED RETURN OF INCOME U/S 139(5) OF THE ACT. 11. OUR VIEW FINDS SUPPORT FROM THE DECISION OF TH E HONBLE SUPREME COURT IN THE CASE OF JAGDISH CHANDRA SINHA VS. CIT 220 ITR 67 (SC) WHEREIN IT WAS HELD THAT REVISED RETURN CAN BE FILED ONLY IF THE ORIGINAL RE TURN WAS FILED WITHIN DUE DATE. A RETURN FILED ONLY U/S 139 (1) CAN BE REVISED I.E. ONLY RETURN FILED WITHIN THE DUE DATE AS PRESCRIBED U/S 139(1) CAN BE REVISED. A BELATED RETURN FILED U/S 139(4) CANNOT BE REVISED. THEREFORE, WE SET ASIDE THE ORDER OF THE LD. CIT(A) AND RESTORE BACK THE ORDER OF THE ASSESSING OFFICER. THUS, THIS GROUND OF APPEAL OF THE REVENUE IS ALLOWED. 12. IN THE RESULT, THE APPEAL OF THE REVENUE IS AL LOWED. ORDER PRONOUNCED IN THE COURT AT THE CLOSE OF HEARI NG ON MONDAY, THE 31 ST OF MARCH, 2014 AT AHMEDABAD. SD/- SD/- (MUKUL KR. SHRAWAT) JUDICIAL MEMBER ( N.S. SAINI) ACCOUNTANT MEMBER AHMEDABAD; DATED 31/03/2014 GHANSHYAM MAURYA, SR. P.S.