Norma Cable (P) Ltd. V Commissioner of Income-tax. - Court Judgment

Excerpt:
head note: income tax revision under s. 263--erroneous and prejudicial - - order -assessing officer failed to exercise jurisdiction under s. held :the income tax officer definitely failed in his duty ato notice that the return filed was not signed or verified in the amanner prescribed under the act. the income tax officer failed to exercise his ajurisdiction under section 139(9). this could not be cured under asection 292b because such a return could not be said in substance aand effect in conformity with or according to the intent or the apurpose of the act.order--assessing officer failed to exercise jurisdiction under s. 139(9)ratio :assessment made on the basis of return not signed or verified and the same is also not curable under section 292b then such order can be revised.held :the income tax officer definitely failed in his duty to notice that the return filed was not signed or verified in the manner prescribed under the act. thereforee, the re-return was defective. the income tax officer failed to exercise his jurisdiction under section 139(9). this could not be cured under section 292b because such a return could not be said in substance and effect in conformity with or according to the intent or the purpose of the act. there is no manner of doubt that the order of assessment was erroneous insofar as it was prejudicial to the interests of revenue.application :also to current assessment years.income tax act 1961 s.139(9)income tax act 1961 s.263revision under s. 263--erroneous and prejudicial

Judgment:
ORDER

--Assessing officer failed to exercise jurisdiction under s. 139(9)

Ratio :

Assessment made on the basis of return not signed or verified and the same is also not curable under section 292B then such order can be revised.

Held :

The Income Tax Officer definitely failed in his duty to notice that the return filed was not signed or verified in the manner prescribed under the Act. thereforee, the re-return was defective. The Income Tax Officer failed to exercise his jurisdiction under section 139(9). This could not be cured under section 292B because such a return could not be said in substance and effect in conformity with or according to the intent or the purpose of the Act. There is no manner of doubt that the order of assessment was erroneous insofar as it was prejudicial to the interests of revenue.

Application :

Also to current assessment years.

Income Tax Act 1961 s.139(9)

Income Tax Act 1961 s.263

Revision under s. 263--ERRONEOUS AND PREJUDICIAL