Law:

Section:

Section 140 of the Income-tax Act, 1961 - Return of income - By whom to be signed - Assessee-company filed original return of income which was not signed and verified in accordance with provisions of section 140 inasmuch as same was signed by company secretary - Subsequently, assessee filed a revised return properly signed by managing director but same was belated - Assessing Officer took date on which revised return was filed as date of filing return for first time and since said revised return was filed belatedly, he did not take same into consideration - On appeal, Tribunal held that signing of return by secretary was a curable irregularity and, therefore, when managing director had signed and filed revised return, it should relate back to date when original return was filed under signature of company secretary - Whether Tribunal had taken correct decision - Held, yes FACTS The assessee-company filed the original return of income which was signed by the company secretary. Subsequently, it filed the revised return signed by the managing director. The Assessing Officer took the date on which revised return was filed as the date of filing return for the first time and since the revised return was filed belatedly, he did not take the same into consideration. On appeal, the Commissioner (Appeals) upheld the action of the Assessing Officer. On second appeal, the Tribunal held that signing of the original return by the secretary was a curable irregularity and, therefore, when the managing director had signed and filed revised return, it should relate back to the date when the original return was filed under the signature of the company secretary. Since that original/revised return was within time, the Tribunal held that the assessment of the assessee should be made on the footing that it had filed the return within time. On revenue's appeal : HELD The Tribunal rightly applied the doctrine of relation back. This doctrine postulates that when there are some irregularities in the original return, which, though are rectified at a later date and the defect is cured, the filing of the return will relate back to the original date. [Para 2] It is trite law that if an act…

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