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Section 143(1)(a) of the Income-tax Act, 1961 - Assessment - Prima facie adjustment - Assessment year 1995-96 Illustrations [In favour of assessee] On a plain reading of section 143(1B) it is apparent that the provision mandates that if after the issuance of intimation, a revised return is furnished by an assessee under sub-section (5) of section 139 it is incumbent upon the Assessing Officer to process the revised return and amend the intimation issued under section 143(1)(a) on the basis of the revised return. At this stage there is no question of going into the validity of the return filed under section 139(5) if the revised return is filed within the prescribed period of limitation. An intimation under section 143(1)(a) cannot be equated with an assessment framed under section 143(3) and the Assessing Officer cannot refuse to process the revised return and modify the intimation in accordance with section 143(1B). M.R. Bhatt and Mrs. Mauna M. Bhatt for the Appellant JUDGMENT Ms. H.N. Devani, J.-In this appeal under s. 260A of the IT Act, 1961 (the Act), appellant-Revenue has proposed the following question stated to be a substantial question of law arising from the impugned order of Tribunal dt. 25th Jan., 2007 of the Tribunal : "Whether the Tribunal is right in law and on facts in confirming the order passed by the CIT(A) in directing the AO to process revised return filed by the assessee under s. 143(1B) of the Act though the same was filed after the original return had already been processed under s. 143(1)(a) ?" 2. The assessment year is 1995-96. The respondent-assessee had filed its original return of income for the assessment year under consideration on 30th Nov., 1995 disclosing total income of Rs. 21,46,600. The said return was filed in time and was processed under s. 143(1)(a) of the Act. Within a period of one year from the relevant assessment year, the assessee on the basis of the opinion of the chartered accountant and tax expert, filed a revised return on 21st Jan., 1997, declaring business loss of Rs. 12,08,686. The revised return was occasioned because certain expenses which were of revenue nature remained to be claimed in the original return…

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