By C. N. Vaze, Shailesh Kamdar, Jagdish T. Punjabi, Bhadresh Doshi Chartered Accountants
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Section 139, 143(2) – In a case where acknowledgment in Form ITR-V has been forwarded in a prescribed form and prescribed manner and within a prescribed time to CPC, date of filing Return of income filed electronically shall relate back to the date on which the return was electronically uploaded. Accordingly, the period mentioned in proviso to section 143(2) shall be with reference to date on which return was electronically uploaded and not with reference to date on which ITR-V was received by CPC.
Facts:
For the assessment year 2009-10, the assessee uploaded its return of income electronically without digital signature on 25-09-2009. The acknowledgment in form ITR-V was dispatched by the assessee by ordinary post on 5-10-2009 but was received by CPC on 29-11-2010. Though there was some controversy about date of dispatch of ITR-V, admittedly the same was received by CPC within the time prescribed, as was extended by CBDT from time to time.
The Assessing Officer (AO) served notice u/s. 143(2) on 26-08-2011 i.e. beyond a period of six months from the end of financial year in which return was furnished, if the date of uploading the return is to be regarded as date of furnishing the return of income. However, if the date of receipt of ITR-V by CPC is regarded as date of furnishing the return of income then the notice was served within time prescribed by section 143(2).
Held:
The Tribunal upon going through the scheme framed by CBDT noted that as per the scheme, in respect of returns filed electronically without digital signature the date of transmitting the return electronically shall be the date of furnishing of return if the form ITR-V is furnished in the prescribed manner and within the period specified. In this case the period specified was 31-12-2010 or 120 days whichever is later. Admittedly, Form ITR-V was received by CPC on 29-11-2010 which was within the prescribed time, in the prescribed manner and in the prescribed form. Hence, the date of filing of the return shall relate back to the date on which the return was electronically uploaded i.e. 25-09-2009. The assessment order passed by the AO was quashed on the ground that the notice served on the assessee u/s. 143(2) on 26-08-2011 was beyond the period of six months from the end of the financial year in which the return was furnished.
The appeal filed by the assessee was allowed.
