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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

Equiniti India Limited, Chennai vs. ACIT Crop .Circle 2(1), Chennai

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 501/CHNY/2023[2017-18]Status: DisposedITAT Chennai23 Aug 2023AY 2017-18

Bench: Shri V. Durga Rao & Shri Manjunatha, G.आयकर अपील सं./I.T.A. No.501/Chny/2023 िनधा"रण वष"/Assessment Years: 2017-18 Equiniti India Private Limited, Vs. The Assistant Commissioner Of Dlf It Park, Block 10, 8Th Floor, Income Tax, 1/124 Shivaji Gardens, Manapakkam, Corporate Circle 2(1), Mount Poonamallee Road, Chennai. Ramapuram, Chennai 600 089. [Pan:Aabci 3514M] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Siddhesh Chaugule, Advocate ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 17.08.2023 घोषणा की तारीख /Date Of Pronouncement : 23.08.2023 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Dated 21.02.2023 Relevant To The Assessment Year 2017-18. The Assessee Has Raised Following Grounds: Grounds Of Appeal 1. General Equiniti India Private Limited ('Equiniti India' Or 'The Appellant') Submits That The Order Dated 21 February 2023 Passed By The Commissioner Of Income-Tax, Appeals (Cit(A)'), National Faceless

For Appellant: Shri Siddhesh Chaugule, AdvocateFor Respondent: Shri P. Sajit Kumar, JCIT
Section 10ASection 115JSection 143(3)Section 250

return without appreciating the fact that appellate authorities have the power to allow claim of deduction made otherwise than by way of filing revised return. 3. The Appellant craves leave to add to or alter, by deletion, substitution or otherwise, any or all of the above grounds of appeal ... referring to various judgements, the ld. CIT(A) dismissed the appeal of the assessee by holding that the assessee has not filed any revised return of income for claiming the deduction under section 10AA of the Act. 4. On being aggrieved, the assessee is in appeal before the Tribunal

Equiniti India Limited, Chennai vs. ACIT Crop .Circle 2(1), Chennai

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 500/CHNY/2023[2016-17]Status: DisposedITAT Chennai23 Aug 2023AY 2016-17

Bench: Shri V. Durga Rao & Shri Manjunatha, G.आयकर अपील सं./I.T.A. No.500/Chny/2023 िनधा"रण वष"/Assessment Year: 2016-17 Equiniti India Private Limited, Vs. The Assistant Commissioner Of Dlf It Park, Block 10, 8Th Floor, Income Tax, 1/124 Shivaji Gardens, Manapakkam, Corporate Circle 2(1), Mount Poonamallee Road, Chennai. Ramapuram, Chennai 600 089. [Pan:Aabci 3514M] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Siddhesh Chaugule, Advocate ""थ" की ओर से/Respondent By : Shri R. Clement Ramesh Kumar, Cit सुनवाई की तारीख/ Date Of Hearing : 17.08.2023 घोषणा की तारीख /Date Of Pronouncement : 23.08.2023 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Dated 21.02.2023 Relevant To The Assessment Year 2016-17. The Assessee Has Raised Following Grounds: Grounds Of Appeal 1. General Equiniti India Private Limited ('Equiniti India' Or 'The Appellant') Submits That The Order Dated 21 February 2023 Passed By The Commissioner Of Income-Tax, Appeals (Cit(A)'), National Faceless Appeal Centre, Delhi

For Appellant: Shri Siddhesh Chaugule, AdvocateFor Respondent: Shri R. Clement Ramesh Kumar, CIT
Section 10ASection 115JSection 143(3)Section 250

return without appreciating the fact that appellate authorities have the power to allow claim of deduction made otherwise than by way of filing revised return. 3. The Appellant craves leave to add to or alter, by deletion, substitution or otherwise, any or all of the above grounds of appeal ... referring to various judgements, the ld. CIT(A) dismissed the appeal of the assessee by holding that the assessee has not filed any revised return of income for claiming the deduction under section 10AA of the Act. 4. On being aggrieved, the assessee is in appeal before the Tribunal

Veeramani Muthukumarasamy, Kadaladi vs. ITO, CIT(A), NFAC, Delhi

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1110/CHNY/2022[2019-2020]Status: DisposedITAT Chennai23 Aug 2023AY 2019-2020

Bench: Shri V. Durga Rao & Shri Manjunatha, G.आयकर अपील सं./I.T.A. No.1110/Chny/2022 िनधा"रण वष"/Assessment Year: 2019-20 Veeramani Muthukumarasamy, Vs. The Income Tax Officer, 2-1, Pullanthai, S. Keeranthai, Ward 1, Ramnad. Kadaladi 623 120, Tamil Nadu. [Pan:Ardpm4941N] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri R. Viswanathan, Fca ""थ" की ओर से/Respondent By : Shri D. Hema Bhupal, Jcit सुनवाई की तारीख/ Date Of Hearing : 23.08.2023 घोषणा की तारीख /Date Of Pronouncement : 23.08.2023 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Dated 27.10.2022 Relevant To The Assessment Year 2019-20. 2. The Appeal Filed By The Assessee Is Delayed By One Day In Filing The Appeal Before The Tribunal, For Which, The Assessee Has Filed A Petition For Condonation Of The Delay In The Form Of An Affidavit, To Which; The Ld. Dr

For Appellant: Shri R. Viswanathan, FCAFor Respondent: Shri D. Hema Bhupal, JCIT
Section 10Section 139(1)Section 142(1)Section 143Section 143(2)Section 143(3)Section 80DSection 89(1)

short] for the assessment year 2019-20 on 21.08.2019 admitting total income of ₹.42,26,550/-. The assessee filed a revised return on 06.07.2020 admitting total income of ₹.13,50,400/- after claiming the compensation received from the company of ₹.23,39,149/- as ex-gratia payment ... original return, claimed refund of ₹.6,11,860/- as well as relief under section 89(1) of ₹.56,94,856/-. By filing revised return of income, claiming the compensation received from the company of ₹.23,39,149/- as ex-gratia payment, ₹.5,00,000/- as retrenchment compensation under section