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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

Eaton Power Quality Private Limited, Pondicherry vs. DCIT, Pondicherry

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

ITA 1010/CHNY/2017[2012-13]Status: DisposedITAT Chennai03 May 2023AY 2012-13

Bench: Shri Mahavir Singh, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकर अपील सं./Ita No.: 1010/Chny/2017 िनधा"रण वष" / Assessment Year: 2012-13 Eaton Power Quality Private The Deputy Commissioner Of Limited, V. Income Tax, No.2, Evr Street Sedarapet, Pondicherry Circle, Puducherry 605 111, Pondicherry. Puducherry (Ut). [Pan: Aacc-6943-R] आयकर अपील सं./It(Tp)A No.: 35/Chny/2021 िनधा"रण वष" / Assessment Year: 2016-17 Eaton Power Quality Private The Assessing Officer, Limited, V. National E-Assessment Centre, No.2, Evr Street Sedarapet, Delhi. Puducherry 605 111, Puducherry (Ut). [Pan: Aacc-6943-R] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. Vishal Kalra, Advocate : Shri. S. Maruthu Pandian, Cit ""यथ" क" ओर से/Respondent By सुनवाई क" तारीख/Date Of Hearing : 01.05.2023 घोषणा क" तारीख/Date Of Pronouncement : 03.05.2023 आदेश /O R D E R

For Appellant: Shri. Vishal Kalra, Advocate
Section 143(3)Section 144C(5)Section 37(1)Section 92C

income for the assessment year 2016-17 on 30.11.2016, declaring total income of Rs. 11,91,18,170/-. Subsequently, the company filed a revised return of income on 07.08.2017, admitting a total income of Rs. 26,14,64,870/-, after set off of brought forward business loss. The case

Sana Tondon Benefit Trust, Kolkata vs. I.T.O.(Exemption) - Ward-1(3), Kolkata

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

ITA 553/KOL/2022[2014-2015]Status: DisposedITAT Kolkata01 May 2023AY 2014-2015

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A No.553/Kol/2022 Assessment Year: 2014-15 Sana Tondon Benefit Trust..........................................………...…..…Appellant 4, Copper Street, Richi Park, Kolkata-700020. [Pan: Aadas8436Q] Vs. Ito (Exemption), Ward-1(3), Kolkata..................................…..…..Respondent Appearances By: Shri Miraj D Shah, Ar, Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 13, 2023 Date Of Pronouncing The Order :May 01, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 13.09.2022 Of The National Faceless Appeal Centre [Hereinafter Referred To As The ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. At The Outset, The Ld. Counsel For The Assessee Has Submitted That The Assessee Is A Benefit Trust Formed On 27.03.2009 & Registered By A Deed Executed On 15.06.2010. The Assessee Filed Its Return Of Income By Declaring Rs.1,01,590/- As Income. However, While Filing Of Return Of Income, The Assessee Mistakenly Filed Itr 7 Instead Of Itr 5. The

Section 139(9)Section 143(1)Section 250

neither with any mala fide intention. The assessee received a defect notice u/s 139(9) of the Act on 08.09.2015 against which a revised return in ITR 5 was filed successfully. The return filed i.e. ITR 5 in response to the defect notice was rejected by Central processing cell ... direction to examine the contentions raised by the assessee and tax the assessee at the rates as applicable to the assessee-trust considering the revised return filed by the assessee. I.T.A No.553/Kol/2022 Assessment year: 2014-15 Sana Tondon Benefit Trust 5. In the result, the appeal of the assessee

DCIT, Central Circle - 3(3), Kolkata vs. M/S. Kaushalya Infrastructure Development Corporation Ltd., Kolkata

In the result, both the appeals of the assessee are treated as partly allowed

ITA 2544/KOL/2018[2007-08]Status: DisposedITAT Kolkata01 May 2023AY 2007-08

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A Nos.2543&2544/Kol/2018 Assessment Years: 2006-07 & 2007-08 Dcit, Central Circle-3(3), Kolkata............................................……Appellant Vs. M/S Kaushalya Infra. Development Corp. Ltd.........…….....…..…..Respondent Hb-170, Sector-Iii, Salt Lake City, Kolkata-700106. [Pan: Aacck1581F] Appearances By: Shri P. P Barman, Addl. Cit-Dr, Appeared On Behalf Of The Appellant. Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : April 05, 2023 Date Of Pronouncing The Order : May 01, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: Both The Appeals Have Been Preferred By The Revenue Against The Separate Orders Dated 28.09.2018 Of The Commissioner Of Income Tax (Appeals)-21, Kolkata [Hereinafter Referred To As The ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since, Common Issues Are Involved In Both The Appeals, Hence These Have Been Heard Together & Are Being Disposed Of By This Common Order. The Appeal In Ita No.2543/Kol/2018 For Assessment Year 2006-07 Is Taken As Lead Case For The Purpose Of Narration Of Facts. 2. The Brief Facts Of The Case Are That The Original Assessment In The Case Of The Assessee Was Completed U/S 143(3) Of The Act On 31.12.2008. In The Said Assessment, The Claim Of Deduction U/S 80Ia(4) Of Rs.

Section 143(3)Section 250Section 801ASection 80I

Court in the case of ‘Goetze (India) Limited v. CIT’ (2006) 157 Taxman 1, relating to the restriction of making the claim through a revised return was limited to the powers of the Assessing Authority and the said judgment does not impinge on the power or negate the powers

DCIT, Central Circle - 3(3), Kolkata vs. M/S. Kaushalya Infrastructure Development Corporation Ltd., Kolkata

In the result, both the appeals of the assessee are treated as partly allowed

ITA 2543/KOL/2018[2006-07]Status: DisposedITAT Kolkata01 May 2023AY 2006-07

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A Nos.2543&2544/Kol/2018 Assessment Years: 2006-07 & 2007-08 Dcit, Central Circle-3(3), Kolkata............................................……Appellant Vs. M/S Kaushalya Infra. Development Corp. Ltd.........…….....…..…..Respondent Hb-170, Sector-Iii, Salt Lake City, Kolkata-700106. [Pan: Aacck1581F] Appearances By: Shri P. P Barman, Addl. Cit-Dr, Appeared On Behalf Of The Appellant. Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : April 05, 2023 Date Of Pronouncing The Order : May 01, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: Both The Appeals Have Been Preferred By The Revenue Against The Separate Orders Dated 28.09.2018 Of The Commissioner Of Income Tax (Appeals)-21, Kolkata [Hereinafter Referred To As The ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since, Common Issues Are Involved In Both The Appeals, Hence These Have Been Heard Together & Are Being Disposed Of By This Common Order. The Appeal In Ita No.2543/Kol/2018 For Assessment Year 2006-07 Is Taken As Lead Case For The Purpose Of Narration Of Facts. 2. The Brief Facts Of The Case Are That The Original Assessment In The Case Of The Assessee Was Completed U/S 143(3) Of The Act On 31.12.2008. In The Said Assessment, The Claim Of Deduction U/S 80Ia(4) Of Rs.

Section 143(3)Section 250Section 801ASection 80I

Court in the case of ‘Goetze (India) Limited v. CIT’ (2006) 157 Taxman 1, relating to the restriction of making the claim through a revised return was limited to the powers of the Assessing Authority and the said judgment does not impinge on the power or negate the powers

DCIT Central Circle-1(1), Hyderabad vs. Nanitha Constructions, Hyderabad

In the result, appeal filed by the Revenue is dismissed

ITA 504/HYD/2022[2019-20]Status: DisposedITAT Hyderabad28 Apr 2023AY 2019-20

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2019-20 Dy. C. I. T Vs. Nanitha Constructions Central Circle 1(1) Hyderabad Hyderabad Pan:Aagfn1630D (Appellant) (Respondent) Assessee By: Shri K.C. Devdas, Ca Revenue By: Shri Kprr Murthy, Cit(Dr) Date Of Hearing: 18/04/2023 Date Of Pronouncement: 28/04/2023 Order Per R.K. Panda, A.M This Appeal Filed By The Assessee Is Directed Against The Order Dated 21.07.2022 Of The Learned Cit (A)-11, Hyderabad, Relating To A.Y.2019-20. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Firm Engaged In The Business Of Contract Works. It Filed Its Return Of Income For The A.Y 2019-20 On 20.09.2019 Declaring Total Income At Rs.4,41,98,240/-. In This Case, A Survey Operation U/S 133A Of The I.T. Act Was Conducted On 22.3.2019 During The Course Of Which The Assessee Had Admitted Additional Income Of Rs.6.00 Crores Voluntarily To Cover Up The Discrepancies In The Books Of Account. However, In The Return Of Income The Assessee

For Appellant: Shri K.C. Devdas, CAFor Respondent: Shri KPRR Murthy, CIT(DR)
Section 133ASection 142(1)Section 143(2)

including the disclosed income the total profits declared will be @8% on total turnover. Regarding the A.Y. 2018-19 I will file the revised return of income after paying the requisite taxes at the earliest. We request that penalty may not be levied." (Signature of deponent] The above statement

Asst. Commissioner of Income Tax, Circle-10(1), Hyderabad vs. Vertex Projects LLP (Formerly M/S Vertex Projects Ltd), Hyderabad

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

ITA 1187/HYD/2018[2014-15]Status: DisposedITAT Hyderabad28 Apr 2023AY 2014-15

Bench: Shri Rama Kanta Panda & Shri Laliet Kumarassessment Year: 2014-15 Acit,Circle-10(1) Vs. Vertex Projects Llp Room No.515, 5Th Floor, (Formerly M/S.Vertex A-Block, I.T.Towers, Projects Ltd.) A.C.Guards, #156-159, Paigah House Hyderabad. S.P.Road, Next To Pg College. Secunderabad-500 026. Pan : Aanfv0232C (Appellant) (Respondent) Assessee By: Shri Sriram Seshadri, Ca Revenue By: Shri Rajendra Kumar,Cit-Dr Date Of Hearing: 15.03.2023 Date Of Pronouncement: 28.04.2023 O R D E R Per Shri Laliet Kumar, J.M. This Is An Appeal Filed By The Revenue, Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-5, Dated 16.03.2018 For The Ay 2014-15, On The Following Grounds :

For Appellant: Shri Sriram Seshadri, CAFor Respondent: Shri Rajendra Kumar,CIT-DR
Section 115JSection 142(1)Section 143(2)Section 14ASection 14A(3)Section 47Section 56Section 56(2)(viia)Section 56(2)(viiia)

dated April 29, 2019, stating that since Vertex Projects LLP did not exist in AY 2012-13, the Assessee 19 ITA.No.1187/Hyd/2018 furnished the revised return again manually for AY 2012-13 on April 29, 2019 (Refer Pg 863 of Paper book], Subsequently, the Ld. AO dropped the reassessment proceedings ... Appellant vide letter dated April 29, 2019, stating that since Vertex Projects LLP did not exist in AY 2012-13, the Assessee furnished the revised return again manually for AY 2012-13 on April 29, 2019 (Refer Pg 863 of Paper book], Subsequently, the Ld. AO dropped the reassessment proceedings

Manu Kumar Shahi, Jamshedpur vs. ITO Ward-2(3), Jamshedpur

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

ITA 8/RAN/2022[2018-19]Status: DisposedITAT Ranchi28 Apr 2023AY 2018-19

Bench: Shri Sanjay Garg & Shri Rajesh Kumari.T.A. No.8/Ran/2022 Assessment Year: 2018-19 Manu Kumar Shahi…….…..…………..…...…......................……...…..….. Appellant 94, East Plant Basti, Burmanines, Jamshedpur, Jharkhand-831007. [Pan: Barps6204E] Vs. Ito, Ward-2(3), Jamshedpur.……………………….……….…………….. Respondent Appearances By: Shri Nitin Pasari, Adv., Appeared On Behalf Of The Appellant. Shri Pranob Kumar Koley, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : March 01, 2023 Date Of Pronouncing The Order : April 28, 2023 Order Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 16.12.2021 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’).

Section 139(1)Section 139(5)Section 143(1)Section 250Section 40

Thereafter, return of income was revised under Section 139(5) on 18.02.2019 reducing the refund amount to Rs. 23,450/-. In the revised return, the appellant has suo moto added Rs.8,40,403/- on account of belated payment of employee's contribution to PF and ESIC. The revised return ... claim of the assessee is that the assessee had suo moto added the amount of Rs.8,40,403/- by computing his income in the revised return of income on account of belated payment of employee's contribution to PF and ESIC and that the CPC while processing the return