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“revised return”

Assessment ProceduresSection 139(5)Section 139(5)10,551 judgments

The decision most relied on for revised return is Goetze (India) Ltd. v. CIT (284 ITR 323), cited in 1,842 judgments on BharatTax.

Leading authorities on revised return

Goetze (India) Ltd. v. CIT
284 ITR 323 · 2006 · Supreme Court
1,842
citing judgments

An assessee cannot raise a new claim or a claim not made in the original or revised return of income for the first time directly before the Assessing Officer during assessment proceedings.

CIT v. Pruthvi Brokers & Shareholders
349 ITR 336 · 2012 · High Court
956
citing judgments

Appellate authorities can entertain fresh claims or revised computations of income made by an assessee, even if these were not submitted through a revised return of income.

CIT v. Jai Parabolic Springs Ltd.
306 ITR 42 · 2008 · High Court
349
citing judgments

An assessee can make an additional claim for deduction or file a revised computation of income during assessment proceedings, even if a revised return of income has not been filed. Such additional claims or grounds can also be admitted at the appellate stage.

CIT v. Infosys Technologies Ltd.
341 ITR 293 · 2012 · High Court
205
citing judgments

A Commissioner can revise an assessment order under Section 263 if it is erroneous and prejudicial to the interests of the revenue. This includes cases where the Assessing Officer fails to make further inquiries before accepting the assessee's statements in the return.

CIT v. Suresh Chandra Mittal
251 ITR 9 · 2001 · Supreme Court
179
citing judgments

A penalty under section 271(1)(c) for concealment or furnishing inaccurate particulars of income is not automatically leviable merely because a higher income is declared, even after a search or in a voluntarily revised return. The initial burden to prove concealment or inaccurate particulars lies with the Revenue.

Madhya Pradesh in Commissioner of Income Tax v. Suresh Chandra Mittal
241 ITR 124 · 2000 · High Court
89
citing judgments

A penalty for concealment of income cannot be levied if an assessee files a revised return to buy peace and avoid litigation, and the revenue accepts this without objection.

Duggal & Co. v. CIT
220 ITR 456 · 1996 · High Court
84
citing judgments

An assessment order becomes erroneous and prejudicial to the revenue under Section 263 if the Assessing Officer fails to conduct a proper inquiry or investigation, even if the return appears prima facie correct. The Income-tax Officer has a duty to investigate and cannot remain passive.

35. In Virbhadra Singh (HUF) v. Pr. CIT
298 CTR 393 · 2017 · High Court
76
citing judgments

Where no inquiry was conducted by the Assessing Officer in passing an assessment order after accepting a revised return, the Commissioner acts within their power under section 263 to direct a fresh assessment.

Judgments citing revised return

Assistant Commissioner of Income Tax, Circle-5(1), Hyderabad vs. Pennar Industries Limited, Hyderabad

In the result, appeal filed by the assessee is partly allowed for statistical purposes and the appeal filed by the Revenue is dismissed

ITA 78/HYD/2024[2017-18]Status: DisposedITAT Hyderabad28 Feb 2024AY 2017-18

Bench: Shri R.K. Panda, Vice- & Shri K. Narasimha Charyआ.अपी.सं /Ita No.48/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2017-18 ) Pennar Industries Ltd Vs. Dy. C. I. T. Hyderabad Circle 5(1) Pan:Aabcp3074H Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.78/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2017-18 ) Asstt. Cit Vs. Pennar Industries Ltd Circle 5(1) Hyderabad Hyderabad Pan:Aabcp3074H (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Advocate Mohd. Afzal राज" व "ारा/Revenue By:: Shri Waseem Ur Rehman, Dr सुनवाई की तारीख/Date Of Hearing: 26/02/2024 घोषणा की तारीख/Pronouncement: 28/02/2024 Order Per Bench:

For Appellant: Advocate Mohd. AfzalFor Respondent: : Shri Waseem Ur Rehman, DR
Section 139(5)Section 143(2)Section 143(3)Section 37(1)Section 40

manufacturing of steel and filed its return of income on 25.10.2017 declaring total income of Rs.45,63,06,740/-. Subsequently, the assessee filed a revised return of income u/s 139(5) of the Act on 11.06.2018 admitting the same income. The return was selected for scrutiny under CASS and statutory

Maithan Alloys Limited, Kolkata vs. DCIT, Cir-1(1), Kolkata.

In the result, appeal of the assessee are allowed for statistical purposes

ITA 1347/KOL/2023[2021-22]Status: DisposedITAT Kolkata28 Feb 2024AY 2021-22

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 1347/Kol/2023 Assessment Year: 2021-22 Maithan Alloys Limited Deputy Commissioner Of Income-Tax, 4Th Floor, Ideal Centre Vs Circle-1(1), Kolkata 9, Ajc Bose Road Kolkata - 700017 [Pan : Aabcm7758B] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Siddharth Kejriwal, C.A. Revenue By : Shri Arun Kumar Meena, Jcit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 07/02/2024 घोषणा क" तारीख /Date Of Pronouncement: 28/02/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi (Hereinafter The “Ld. Cit(A)”) Dt. 29/11/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2021-22. 2. The Sole Grievance Of The Assessee Is That The Lower Authorities Erred In Denying The Claim Of Deduction U/S 80M Of The Act Towards Inter-Corporate Dividends At Rs.19,48,050/-. 3. At The Outset, The Ld. Counsel For The Assessee Submitted That In The Income Tax Return (Itr) Originally Filed As Well As Subsequently Revised, The Assessee Did Not Make The Claim Of Deduction U/S 80M Of The Act For Inter-Corporate Dividend. However, During The Course Of Assessment Proceedings, This Claim Was Raised & On The Strength Of The Judgement Of The Hon’Ble Supreme Court In The Case Of National Thermal Power Co. Ltd. V. Commissioner Of Income-Tax Reported In [1998]

For Appellant: Shri Siddharth Kejriwal, C.AFor Respondent: Shri Arun Kumar Meena, JCIT, Sr. D/R
Section 250Section 80JSection 80M

Assessment Year 2021-22. It is also an uncontroverted fact that the assessee did not make the claim in the original as well as revised return. However, during the course of assessment proceedings, this claim has been made. Though the ld. D/R has referred to the judgment ... case of Goetze (India) Ltd. (supra), as per which the Assessing Officer cannot entertain the claim otherwise than made by way of a revised return, however, as per the ratio laid down by the Hon’ble Apex Court in the case of National Thermal Power Co. Ltd. (supra) and Jute

Lic Mutual Fund Asset Management Limited, Opp Churchgate Station vs. CIT(A), North Block

In the result, ground No.3 of appeal is allowed

ITA 2824/MUM/2023[2013-14]Status: DisposedITAT Mumbai26 Feb 2024AY 2013-14

Bench: Shri Vikas Awasthy& Shri S.Rifaur Rahmanआअसं.2824/मुं/2023 (िन.व. 2013-14) Lic Mutual Fund Asset Management Ltd. 4Th Floor, Industrial Assurance Building, Charchgate, Mumbai – 400 020 Pan: Aaacj-1166-H ...... अपीलाथ"/Appellant बनाम Vs. Cit(A), North Block, North Block, New Delhi 110 001. ....."ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Shri Vijay Mehta "ितवादी "ारा/Respondent By : Shri Manoj Kumar Sinha, Sr.A.R सुनवाई की ितिथ/ Date Of Hearing : 11/12/2023 घोषणा की ितिथ/ Date Of Pronouncement : 26/02/2024 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short ‘The Cit(A)’] Dated 22/06/2023, For The Assessment Year 2013-14. 2. The Assessee In Appeal Has Raised Three Grounds. The Gist Of Issues Raised In Appeal By The Assessee Is As Under:

For Appellant: Shri Vijay MehtaFor Respondent: Shri Manoj Kumar Sinha, Sr.A.R
Section 115JSection 139(5)Section 139(9)Section 143(2)Section 143(3)

115JB of the Income Tax Act, 1961 [in short ‘the Act’]; and (iii) Non-issuance of notice u/s. 143(2) of the Act, after revised return of income was filed by the assessee, thus making the assessment order bad in law. 3. Shri Vijay Mehta appearing on behalf ... filed original return of income on 29/11/2013. The Assessing Officer issued notice u/s. 143(2) of the Act on 05/09/2014. Thereafter, the assessee filed revised return of income on 31/03/2015. The Assessing Officer without issuing fresh notice u/s. 143(2) of the Act completed the assessment vide order dated 18/03/2016