← All Phrases

“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

Vivekananda Seva Trust, Tirupur vs. ACIT Exemptions, Coimbatore

The appeals stand allowed for statistical purposes

ITA 380/CHNY/2023[2016-17]Status: DisposedITAT Chennai12 Jul 2023AY 2016-17

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.379/Chny/2023 (िनधा*रण वष* / Assessment Year: 2016-17) & आयकरअपील सं./ Ita No.380/Chny/2023 (िनधा*रण वष* / Assessment Year: 2016-17) Vivekananda Seva Trust Acit Exemptions बनाम K.Chettipalayam, Coimbatore. / Vs. Dharapuram Road, Tirupur-641 608. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaatk-6950-D (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri N.V.Narayanan (Advocate)-Ld.Ar " थ"कीओरसे/Respondent By : Shri D.Hema Bhupal (Jcit)- Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 12-07-2023 घोषणाकीतारीख /Date Of Pronouncement : 12-07-2023 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri N.V.Narayanan (Advocate)-Ld.ARFor Respondent: Shri D.Hema Bhupal (JCIT)- Ld. DR
Section 11Section 139(5)Section 143(1)Section 154

Return forms. The Ld. AR placed on record copy of ITR-7. The Ld. Sr. DR submitted that the time limit to file revised return of income was already over and therefore, the assessee should seek condonation of delay from appropriate authority. Having heard rival submissions and upon perusal ... furnish return u/s 139(5) correcting the wrong entries in the original return of income. The new claim could not be entertained without revised return of income. 3. The assessee has filed rectification application with CPC on 08.05.2018 which got rejected vide order dated 20.06.2018. The Ld. CIT(A) confirmed

Vivekananda Seva Trust, Tirupur vs. ACIT Exemptions, Coimbatore

The appeals stand allowed for statistical purposes

ITA 379/CHNY/2023[2016-17]Status: DisposedITAT Chennai12 Jul 2023AY 2016-17

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.379/Chny/2023 (िनधा*रण वष* / Assessment Year: 2016-17) & आयकरअपील सं./ Ita No.380/Chny/2023 (िनधा*रण वष* / Assessment Year: 2016-17) Vivekananda Seva Trust Acit Exemptions बनाम K.Chettipalayam, Coimbatore. / Vs. Dharapuram Road, Tirupur-641 608. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaatk-6950-D (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri N.V.Narayanan (Advocate)-Ld.Ar " थ"कीओरसे/Respondent By : Shri D.Hema Bhupal (Jcit)- Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 12-07-2023 घोषणाकीतारीख /Date Of Pronouncement : 12-07-2023 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri N.V.Narayanan (Advocate)-Ld.ARFor Respondent: Shri D.Hema Bhupal (JCIT)- Ld. DR
Section 11Section 139(5)Section 143(1)Section 154

Return forms. The Ld. AR placed on record copy of ITR-7. The Ld. Sr. DR submitted that the time limit to file revised return of income was already over and therefore, the assessee should seek condonation of delay from appropriate authority. Having heard rival submissions and upon perusal ... furnish return u/s 139(5) correcting the wrong entries in the original return of income. The new claim could not be entertained without revised return of income. 3. The assessee has filed rectification application with CPC on 08.05.2018 which got rejected vide order dated 20.06.2018. The Ld. CIT(A) confirmed

Gautam Arora, Chennai vs. DCIT(International Taxation)-1(1), Kolkata

In the result, appeal of the assessee is allowed for statistical purposes as per terms indicated hereinabove

ITA 354/KOL/2021[2012-13]Status: DisposedITAT Kolkata10 Jul 2023AY 2012-13

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 354/Kol/2021 Assessment Year: 2012-13 Gautam Arora Dcit, (International Taxation)- Flat No. 052, Block 40 Vs 1(1), Kolkata Dlf Garden City Near Psbb Millenium School Omr, Thalambur Chennai - 603103 [Pan : Aerpa7725B] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Ketan K. Ved, C.A. Revenue By : Shri G. Hukugha Sema, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 12/04/2023 घोषणा क" तारीख /Date Of Pronouncement: 10/07/2023 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 Learned Commissioner Of Income Tax (Appeals) - 22, Kolkata (Hereinafter The “Ld. Cit(A)”) Dt. 17/03/2021, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2012-13. 2. The Registry Has Pointed Out That There Is A Delay Of 128 (One Hundred Twenty Eight) Days In Filing The Present Appeal Before The Tribunal. Petition For Condonation Of Delay Is Placed On Record By Assessee Explaining The Reasons For Delay, Owing To Pandemic Of Covid-19 During That Time. It Is Noted That The Period Of Delay Falls During The Time Of Pandemic Of Covid-19 Which Has Been Excluded By 2

For Appellant: Shri Ketan K. Ved, C.AFor Respondent: Shri G. Hukugha Sema, CIT D/R
Section 250Section 5(2)

assessing the total income of the Appellant at Rs. 52,44,210/- as against the income of Rs. 10,83,317/- as per the revised return of income. The Commissioner of Income-tax (Appeals), Kolkata ("CIT(A)") has further erred in confirming the additions made in the impugned Order passed

Satish Pandurang Pawar, Nashik vs. Income Tax Officer ITO Ward 2(1), Nashik/

In the result, appeal of the assessee is dismissed

ITA 363/PUN/2023[2016-17]Status: DisposedITAT Pune07 Jul 2023AY 2016-17

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.363/Pun/2023 िनधा"रण वष" / Assessment Year : 2016-17 Satish Pandurang Pawar, The Income Tax Officer, 602, Royal Orchid, Near Indian Vs Ward-2(1), Nashik. Oil Petrol Pump, Katraj Bypass, Ambegaon, Pune – 411046. Pan: Abfpp 1207 Q Appellant / Assessee Respondent / Revenue Assessee By Shri Yogesh Gawali – Ar Revenue By Shri M.G.Jasnani, Irs – Dr Joint Commissioner Of Income Tax Date Of Hearing 03/05/2023 Date Of Pronouncement 07/07/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeal)National Faceless Appeal Centre, Delhi Dated 27.02.2023 Emanating From The Penalty Order Dated 24.01.2022 Under Section 271(1)(C) Of The Income Tax Act, 1961 For The A.Y.2016-17. The Assessee Has Raised The Following Grounds Of Appeal: “1. The Learned Cit Is Not Justified In Raising Penalty U/S 271(1)(C) Of Rs.2,36,100/- On The Ground That The Assesses Has Furnish Inaccurate Particulars Of Income Without Appreciating That Satish Pandurang Pawar [A]

Section 143(1)Section 148Section 271(1)(c)Section 274

original return the assessee had claimed deduction under Chapter-VIA of the Act of Rs.1,93,535/-. Subsequently the assessee filed revised return of Income on 28/11/2017 electronically admitting Total 2 Satish Pandurang Pawar [A] Income of Rs.3,03,190/- only. In this revised return the assessee had claimed Loss ... assessee had not claimed any loss of Rs.2 lacs under the “head Income from House Property”, which was claimed in the revised return dated 28.11.2017. The AO discussed the issue at length in the assessment order. The AO accepted Return of Income filed in response to notice under section