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April 2026

Assessment — Validity of assessment order — Revised return filed within time — Revised return filed during pendency of scrutiny proceedings based on an audit objection — Assessment order passed based on the original return — CIT (Appeals) annulled the assessment order — Tribunal, proceeding on the erroneous basis that revised return was filed beyond period of limitation, set aside order of CIT (Appeals) and restored matter to the AO — High Court held that where revised return filed is validly filed, the assessment order cannot be passed on basis of the original return — Once a revised return is filed, original return stands obliterated — Assessment order set aside, order of CIT (Appeals) modified, and matter remitted to the AO — AO directed to determine taxable income on the basis of revised return.

By Keshav Bhujle | Ritu Punjabi, Advocates
Reading Time 11 mins

1. Tripura State Electricity Corporation Ltd. vs. Principal CIT: (2026) 484 ITR 405 (Tri): 2025 SCC OnLine Tri 552:

A. Y. 2013-14: Date of order 14/08/2025:

Ss. 139(1), (5) and 143(2), (3) of ITA 1961:

Assessment — Validity of assessment order — Revised return filed within time — Revised return filed during pendency of scrutiny proceedings based on an audit objection — Assessment order passed based on the original return — CIT (Appeals) annulled the assessment order — Tribunal, proceeding on the erroneous basis that revised return was filed beyond period of limitation, set aside order of CIT (Appeals) and restored matter to the AO — High Court held that where revised return filed is validly filed, the assessment order cannot be passed on basis of the original return — Once a revised return is filed, original return stands obliterated — Assessment order set aside, order of CIT (Appeals) modified, and matter remitted to the AO — AO directed to determine taxable income on the basis of revised return.

The appellant assessee is the Tripura State Electricity Corporation Ltd. The appellant is engaged in the business of sale and distribution of electricity within the State of Tripura. For the A. Y. 2013-2014, the appell

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