Law:

Section:

Section 140 of the Income-tax Act, 1961 - Return of income - By whom to be signed - Assessment year 1994-95 - For relevant assessment year, return filed by assessee company was signed by its General Manager (Finance) and its Company Secretary - Assessing Officer, in view of section 140(c), came to conclusion that since return was not filed by Managing Director or Director, it was non est - Commissioner (Appeals) held that defect was a curable defect and directed Assessing Officer to give an opportunity to assessee to have return signed by Managing Director or Director of assessee - On revenue's appeal, Tribunal dismissed same - Whether since there was nothing on record to suggest that assessee had disowned return that was signed by General Manager (Finance) and on contrary, a power of attorney was given by assessee to its General Manager (Finance) for signing return, it would have been appropriate if an opportunity had been granted to assessee to have return signed by Managing Director or its Director in accordance with directions given by Commissioner (Appeals) - Held, yes - Whether, therefore, no prejudice would be caused to revenue if direction of Commissioner (Appeals) was to be complied with - Held, yes FACTS For the assessment year 1994-95, the assessee filed its return signed by the General Manager (Finance) and its Company Secretary. The Assessing Officer, in view of section 140(c), came to the conclusion that since the return was not filed by the Managing Director or the Director, it was nonest. On appeal, the Commissioner (Appeals) held the view that the defect was a curable defect and an opportunity ought to be given to the assessee to rectify it. He accordingly, directed the Assessing Officer to give such an opportunity to the assessee. The Tribunal dismissed the revenue's appeal. On appeal under section 260A: HELD Since there was nothing on record to suggest that the assessee has disowned the return that was signed by the General Manager (Finance) of the assessee and on the contrary, a power of attorney was being given by the assessee to its General Manager (Finance) for signing the return, it would have been appropriate if an opportunity had been…

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