Shah Impex, Mumbai vs. Asst CIT 34, Mumbai
In the result, the appeal of the assessee is allowed
ITA 140/MUM/2013[2003-04]Status: DisposedITAT Mumbai11 Apr 2018AY 2003-04
Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am M/S Shah Impex The Asst. Commissioner Of 412, Swastik Bisa, Business Income Tax-34, Park, Behind Wadhani Aayakar Bhavan, Mumbai Vs. Industrial Estate, L.B.S Marg, Ghatkopar (West), Mumbai-400 086 Appellant .. Respondent Pan No. Aaofs9058E
For Appellant: Vasanti B Patel, ARFor Respondent: V Justin, DR
Section 132Section 133Section 143(3)Section 148Section 271(1)Section 271(1)(c)
…any attempt to further examine or investigate the concerned issue. Merely because the return was filed after intimation u/s 143(1) the same cannot treated as revised return or not filed in time. The Calcutta High Court in the case of Tata Meteliks Ltd v. CIT (368 ITR 643), after 9 following the ratio of Supreme Court in case of CIT v. Rajesh Jhaveri Stock Brokers Pvt. Ltd '(291 ITR 500) has held that intimation u/s 143(1)(a) does not constitute Assessment so as to disentitle assessee to file revised return u/s 139(5) of the Act. Similar view is also taken by Punjab and Haryana High Court in the case of Tarsem Ku…