Commissioner of Income Tax -I vs Manoj Surgical Industries Ltd.

S.K. Kulshrestha, J.—This appeal u/s 260A of the income tax Act, 1961 (for short the Act) assails the order of the income tax Appellate Tribunal in IT Appeal 63 (IInd) of 2000 dated 12-7-2006 for the Assessment Year 1995-96. It is not disputed that the assesses had filed return under the provision of section 139 on 28-11-1995 but on notice being issued under sub-section 9 of Section 139 of the Act for curing the defect, the assessee had not complied with the requisition with the result the return was rendered invalid under the said provision. It is alleged that a notice was issued to the assessee under Sub-section l of section 142 of the Act in response whereof a fresh return was filed by the assessee on 31-10-1996. On the basis of return so filed, the assessing officer filed the assessment under the provision of Sub-section 3 of section 143. This assessment was challenged before the CIT (A) who in view of provision contained u/s 292B of the Act, opined that the return filed on 28-11-1995 which suffered from a technical defect that it was signed by the Director in place of Managing Director, did not suffer from illegality, which could not be cured under provision of section 292B and the return filed on 28-11-1995 was, therefore, not invalid. In this view of matter CIT(A) annulled the assessment. In further appeal, the Tribunal has maintained the order passed by the CIT(A). The consequence of the orders passed by the CIT(A) and ITAT is obviously that the assessment will have to be now framed in accordance with the return filed on 28-11-1995. We are of the view that CIT(A) properly followed the course provided in section 292B and no question of law in appeal, much less question of law formulated by the appellant.

The appeal therefore, summarily dismissed.