← 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

DCIT, Circle-1(4), Mumbai vs. M/S. Grasim Industries Ltd (Successor to Aditya Birla Nuvo Ltd.), Mumbai

In the result, appeal of the Revenue is partly allowed for statistical purpose

ITA 84/MUM/2023[2009-10]Status: DisposedITAT Mumbai12 Jun 2023AY 2009-10

Bench: Shri Prashant Maharishi, Am & Shri Kuldip Singh, Jm M/S Grasim Industries Ltd. Dy. Commissioner Of Income-Tax (Successor To Aditya Birla Central Circle 1(4), Nuvo Ltd0 9Th For, 902, Pratishtha Bhavan, Aditya Birla Centre, A0Wing, Vs. Old C.G.O. Bldg., (Annexe), 2Nd Floor, Ahire Marg, Worli, M.K. Road, Mumbai-400 020 Mumbai-400 030 (Appellant) (Respondent) Pan No. Aaac11747H M/S Grasim Industries Ltd. Dy. Commissioner Of Income-Tax (Successor To Aditya Birla Central Circle 1(4), Nuvo Ltd0 9Th Flr, 902, Pratishtha Bhavan, Aditya Birla Centre, A0Wing, Vs. Old C.G.O. Bldg., (Annexe), 2Nd Floor, Ahire Marg, Worli, M.K. Road, Mumbai-400 020 Mumbai-400 030 (Appellant) (Respondent) Pan No. Aaac11747H Assessee By : Shri Yogesh Thar & Ms. Ayushi Modani, Ars Revenue By : Shri Dr. Kishor Dhule, Cit Dr Date Of Hearing: 29.05.2023 Date Of Pronouncement : 12.06.2023

For Appellant: Shri Yogesh Thar &For Respondent: Shri Dr. Kishor Dhule, CIT DR
Section 115JSection 143

file of AO. He referred to the paragraph number 6.2 of the order of the learned AO stating that assessee has not filed any revised return and therefore the AO was correct ITA Nos. 84 & 351/Mum/2023 M/s Grasim Industries Ltd; AY.2009-10 in rejecting the claim. The another reason was that

Cma Cgm Sa, Mumbai vs. Assistant Commissioner of Income Tax, (International Taxation) Circle 2(1)(1), Mumbai

In the result, additional grounds of appeal filed by the assessee are allowed for statistical purpose

ITA 833/MUM/2023[2020-21]Status: DisposedITAT Mumbai12 Jun 2023AY 2020-21

Bench: Shri Vikas Awasthy & Shri Gagan Goyal आअसं. 833/मुं/2023 ("न.व. 2020-21) Cma Cgm Sa C/O. Cma Cgm Agencies (India) Private Limited, Indiabulls Finance Centre, Tower -3, 8Th Floor, Senapati Bapat Marg, Elphinstone(W), Mumbai – 400 013. Pan: Aabcc-9048-G ...... अपीलाथ" /Appellant बनाम Vs. The Asstt. Commissioner Of Income Tax (International Taxation) 2(1)(1)Mumbai Room No.1713, 17Th Floor, Air India Building, Nariman Point, Mumbai 400 021 ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Rajesh Poojari & Ms. Jasmin Amalsadvala ""तवाद" "वारा/Respondent By : Shri Soumendu Kumar Dash सुनवाई क" "त"थ/ Date Of Hearing : 31/05/2023 घोषणा क" "त"थ/ Date Of Pronouncement : /06/2022 आदेश/ Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Assessment Order Dated 19/01/2023 Passed U/S. 143(3) R.W.S. 144C(13) Of The Income Tax Act, 1961 [ In Short ‘The Act], For The Assessment Year 2020-21. 2 2. In Appeal The Assessee Has Raised 22 Grounds. The Gist Of Grounds Of Appeal Is As Under:

For Appellant: Shri Rajesh Poojari &For Respondent: Shri Soumendu Kumar Dash
Section 143(3)Section 234ASection 234BSection 270

आयकर अपील"य अ"धकरण मुंबई पीठ “ आई ” "ी "वकास अव"थी, "या"यक सद"य एवं "ी गगन गोयल, लेखाकार सद

Grasim Industries Limited (As A Successor to Aditya Birla Nuvo Limited), Mumbai vs. The Deputy Commissioner of Income Tax Central Circle-1(4), Mumbai

In the result, appeal of the Revenue is partly allowed for statistical purpose

ITA 356/MUM/2023[2009-2010]Status: DisposedITAT Mumbai12 Jun 2023AY 2009-2010

Bench: Shri Prashant Maharishi, Am & Shri Kuldip Singh, Jm M/S Grasim Industries Ltd. Dy. Commissioner Of Income-Tax (Successor To Aditya Birla Central Circle 1(4), Nuvo Ltd0 9Th For, 902, Pratishtha Bhavan, Aditya Birla Centre, A0Wing, Vs. Old C.G.O. Bldg., (Annexe), 2Nd Floor, Ahire Marg, Worli, M.K. Road, Mumbai-400 020 Mumbai-400 030 (Appellant) (Respondent) Pan No. Aaac11747H M/S Grasim Industries Ltd. Dy. Commissioner Of Income-Tax (Successor To Aditya Birla Central Circle 1(4), Nuvo Ltd0 9Th Flr, 902, Pratishtha Bhavan, Aditya Birla Centre, A0Wing, Vs. Old C.G.O. Bldg., (Annexe), 2Nd Floor, Ahire Marg, Worli, M.K. Road, Mumbai-400 020 Mumbai-400 030 (Appellant) (Respondent) Pan No. Aaac11747H Assessee By : Shri Yogesh Thar & Ms. Ayushi Modani, Ars Revenue By : Shri Dr. Kishor Dhule, Cit Dr Date Of Hearing: 29.05.2023 Date Of Pronouncement : 12.06.2023

For Appellant: Shri Yogesh Thar &For Respondent: Shri Dr. Kishor Dhule, CIT DR
Section 115JSection 143

file of AO. He referred to the paragraph number 6.2 of the order of the learned AO stating that assessee has not filed any revised return and therefore the AO was correct ITA Nos. 84 & 351/Mum/2023 M/s Grasim Industries Ltd; AY.2009-10 in rejecting the claim. The another reason was that