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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 (Central Circle-2), Raipur vs. Shri Vikas Kumar Fatehramka, Pandri

In the result the appeal of the Revenue is allowed

ITA 77/RPR/2022[2018-19]Status: DisposedITAT Raipur17 Aug 2023AY 2018-19

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.77/Rpr/2022 (Assessment Year: 2018-19) The Assistant Commissioner – Shri Vikas Kumar Fatehramka Pvt. Ltd., Of Income Tax, Vs Prop. Goyal Sales, Central Circle -2, Raipur. Behind Mata Garage, Near Jai Bhole Complex, Pandri, Raipur (C.G.) Pan No. : Aadpf 2412 Q (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) राजस्व की ओर से /Revenue By : Shri Satya Prakash Sharma. Sr. निर्धारितीती की ओर से /Assessee By : Dr Shri Ravi Agrawal, Ca सुनवाई ाई की तारीख / Date Of Hearing : 01/08/2023 घोषणा की तारीख/Date Of Pronouncement : 17/08/2023

For Appellant: DR Shri Ravi Agrawal, CAFor Respondent: Shri Satya Prakash Sharma. Sr
Section 115Section 115BSection 133A

same has to be brought to tax under income from business, which the assessee has rightly done. 6. With regard to filing of revised return instead of submitting a revised computation before the AO, the Ld.AR submitted that according to the judgment of the Hon’ble Punjab & Haryana High Court ... Ld.Counsel for the Revenue in the said case that the claim made by the assessee by way of application without filing a revised return is not allowable in accordance with judgment of the Hon’ble Supreme Court in the case of Goetze India Ltd. v. CIT reported