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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

Nirma Chemical Works Pvt. Ltd., Ahmedabad vs. The Dy.CIT, Circle-3(1)(1), Ahmedabad

In the result, the appeal of the assessee is treated as allowed for statistical purposes

ITA 487/AHD/2023[2013-14]Status: HeardITAT Ahmedabad24 Jan 2024AY 2013-14

Bench: Shri Ramit Kochar & Ms. Suchitra Kambleassessment Year : 2013-14 Nirma Chemical Works Pvt. The Dy. Commissioner Of Income- Ltd. V. Tax Nirma House Circle-3(1)(1) Ashram Road, Ahmedabad Near Income Tax Circle Gujarat Ahmedabad-380 009 Gujarat Pan: Aaacn 5353 L अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" य "" यथ" "" य "" य थ" थ"/ (Respondent) थ" Assessee By : Shri Hemanshu Shah, Ca Revenue By : Shri Atul Pandey, Sr.Dr सुनवाई क" तारीख/Date Of Hearing : 18/01/2024 & 23.01.2024 घोषणा क" तारीख /Date Of Pronouncement: 23/01/2024 आदेश/O R D E R आदेश आदेश आदेश Per Coram: This Appeal Filed By Assessee Is Directed Against The Appellate Order Dated 19/05/2022 Passed By Ld. Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre, Delhi [“Cit(A)” In Short] Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called “The Act”) For Assessment Year 2013-14 (Din & Order No.Itba/ Nfac/S/250/2022- 23/1043081956(1)), The Appellate Proceedings Have Arisen Before Ld.Cit(A) From Rectification Order Dated 16/02/2022 Passed By Ld. Assessing Officer(Hereinafter Called “The Ao”) U/S 154 Of The 1961 Act (Din & Order Nirma Chemical Works Pvt. Ltd. V. Dcit Ay 2013-14

For Appellant: Shri Hemanshu Shah, CAFor Respondent: Shri Atul Pandey, Sr.DR
Section 143(3)Section 154Section 244ASection 250Section 253(6)(c)Section 253(6)(d)

income by CPC, Bengaluru was not made addition vide second intimation passed u/s. 143(1) of I.T. Act on 24-11-2021 against revised return of income filed on 12.05.2021. Copy of second intimation dtd. 24-11-2021 is enclosed." Considering the request of the assessee, the appeal is dismissed

The Jt. CIT, (OSD), Circle-4(1)(1), Ahmedabad vs. Sheetal Infrastructure Pvt.Ltd., Ahmedabad

In the result, the appeal of the Revenue , so far as Ground no

ITA 523/AHD/2019[2012-13]Status: DisposedITAT Ahmedabad19 Jan 2024AY 2012-13

Bench: Shri Ramit Kochar & Ms. Suchitra Kambleassessment Year : 2012-13 Jt.Cit (Osd) Sheetal Infrastructure Pvt. Ltd. Circle-4(1)(1) V. 25, 4Th Floor Ahmedabad Shukan Mall Nr.Rajasthan Hospital Shahibaug, Ahmedabad-380054 Gujarat Pan: Aaics 9312 A अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" य "" यथ" "" य "" य थ" थ"/ (Respondent) थ" Assessee By : Shri S.N. Soparkar, Sr. Advocate & Parin Shah, Ar Revenue By : Shri Sudhendu Das, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 17/01/2024 घोषणा क" तारीख /Date Of Pronouncement: 19/01/2024 आदेश/O R D E R आदेश आदेश आदेश Per Ramit Kocharthis Appeal Filed By Revenue Is Directed Against The Appellate Order Dated 22/01/2019 Passed By Ld. Commissioner Of Income-Tax (Appeals)-8, [“Cit(A)” In Short] Under Section 250 Of Sub-Section (6) Of The Income-Tax Act, 1961(Hereinafter Called “The Act”) For Assessment Year 2012-13(Appeal No. Cit(A)-8/168/15-16), The Appellate Proceedings Have Arisen Before Ld. Cit(A) From Assessment Order Dated Jt.Cit(Osd) V. Sheetal Infrastructure Pvt. Ltd. Ay 2012-13

For Appellant: Shri S.N. Soparkar, Sr. Advocate and Parin Shah, ARFor Respondent: Shri Sudhendu Das, CIT-DR
Section 143(3)Section 250Section 254(2)Section 40A(3)

total amount of Rs. 82,60,000/- during the year under consideration. It was submitted that the claim made by the assesse in its revised return of income based on the order of ld. CIT(A) is not acceptable because, at the first place , the Revenue has not accepted