Return of income filed without payment of self-assessment tax to be treated as defective return

0 comments Sunday, March 3, 2013


Section 139(9) of Income Tax Act has been proposed to be amended in the Finance Bill 2013-14:
A. Existing provisions of section 139(9):
Under the existing provisions of the Income Tax Act, 1961, a Return of Income is regarded as defective unless it fulfils all the conditions laid down in sub-section (9) of section 139 of the Act.
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Process of issuing entry tax deferment certificate is invalid

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Punjab & Haryana High Court has held in M/s Hemco Ispat ltd vs State of Punjab CWP no. 3578 of 2013 that the process of issuing entry tax deferment certificate having validity of limited period is not warranted under the orders of this Court passed in CWP No.15378 of 2008 titled “M/s Bhushan Power and Steel Limited Vs. State of Punjab etc.

After this judgement now the process evolved by the Excise and Taxation Department to grant the certificates of entry tax deferment to dealers having a limited period validity will be treated as not in accordance with the interim orders of the Hon'ble High court as made in Bhushan Power and Steel Ltd vs State of punjab in CWP 15378 of 2008 and hence not valid.
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