Hon'ble Bombay
High Court in the case of CIT vs B.G Shirke Construction Technology Pvt Ltd
[2017] 79 taxmann.com 306 (BOM) held that:
"A return filed u/s 153A is a return furnished u/s
139 and therefore, provisions of the Act which apply to return filed in regular
course u/s 139(1), would also continue to apply in case of return filed u/s
153A."
In view of the above as the
appellant's return was filed and assessed under section 153A and this return is
treated as a valid return for the said
assessment under section 153A, it is a return under section 139(1) filed by the appellant
ITAT, Pune
Bench in the case of Sanjay Nandlal vs. ITO (ITAT, Pune) ITA No. 771 to
774/PN/2010 dated 23.12.2011 wherein carry forwards of increase
in business loss claimed in 153A return was allowed by the Bench by holding
that restrictive provisions of Section 80 do not apply to return accepted and
assessed u/s. 153A of the Act
Hon'ble Delhi
High Court in the case of Principal Commissioner of Income Tax vs. Neeraj
Jindal (2017) 393 ITR 1 (Delhi) wherein the Hon'ble High
Court held that once the assessee files a revised return under section 153A,
for all other provisions of the Act, the revised
return will be treated as the original
return filed under section 139 of the Act.
ITAT Chennai
in ACIT, Central Circle - 1(3), Chennai Vs. V.N. Devadoss [2013] 32 taxmann.com
133 wherein claim of deduction made for the first time in
153A return was duly allowed holding that returns
filed by the assessee under Section 153A
are to be treated as returns filed under Section 139(1)
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