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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

DCIT Cent. Cir 8(3), Mumbai vs. M/S 63 Moon Technologies India Ltd, Mumbai

In the result, the appeal of the revenue is dismissed

ITA 1509/MUM/2022[2012-13]Status: DisposedITAT Mumbai06 Jan 2023AY 2012-13

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.1509/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2012-13) Dcit –Cc-8(3) बिधम/ M/S. 63 Moon Room No. 656 6Th Floor, Technologies India Ltd Vs. Aaykar Bhavan, M.K. Road Ft Tower, Cts No. 256- Mumbai- 400020. 257, Suren Road, Chakala, Andheri (E) Mumbai- 400093. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacf5737C (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Sukhsagar Syal Revenue By: Smt Riddhi Mishra (Cit-Dr) सुनवाई की तारीख / Date Of Hearing: 16/11/2022 घोषणा की तारीख /Date Of Pronouncement: 06/01/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Revenue Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-56, Mumbai Dated 31.03.2022 For The Assessment Year 2012-13. 2. The Grounds Of Appeal Raised By The Revenue Are As Under: - “1. Whether On The Facts & Under The Circumstances Of The Case & In Law, The Ld. Cit(A) Was Justified In Deleting The Disallowance Made By The Ao Without Appreciating The Fact He Proportionate Claim Of The Premium On Zccbs Written During The Tenure Of Zero Coupon Convertible Bonds Was Is In Nature Of Interest?" 1.1 “Whether On The Facts & Under The Circumstances The Case & In Law, The Id. Cit(A) Was Justified In Deleting Disallowance Without Appreciating The Fact That The Claim

For Appellant: Shri Sukhsagar SyalFor Respondent: Smt Riddhi Mishra (CIT-DR)
Section 115JSection 14A

careful consideration, we note that in this case, the assessee has claimed premium/Interest payable at maturity of Zero Coupon Convertible Bonds(ZCCB) in the revised return of income. In the accounts of the assessee the said amount was debited to the share premium account. But, in the computation of income

Teleperformance Global Services P. Ltd., Mumbai vs. Pr CIT-5, Mumbai

In the result, the two appeals filed by the assessee are partly allowed

ITA 976/MUM/2021[2013-14]Status: HeardITAT Mumbai04 Jan 2023AY 2013-14

Bench: Shri Prashant Maharishi & Shri Pavan Kumar Gadaleita No. 976 & 977/Mum/2021 (A.Y: 2013-14 & 2014-15) Teleperformance Global Vs. The Pr.Cit-5 Services Pvt Ltd., Room No. 515, 5Th Teleperformance Tower, Floor, Aaykar Bhavan, Plot Cst No. 1406 Mk Road, A/28 Mindspace Mumbai – 400020. Goregaon West Mumbai– 400 064. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcv2572L Appellant .. Respondent Appellant By : Shri Madhur Agarwal.Ar Respondent By : Shri H.N Singh.Dr Date Of Hearing 18.10.2022 Date Of Pronouncement 04.01.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: These Two Appeals Are Filed By The Assessee Against The Separate Orders Of The Pr. Commissioner Of Income Tax(Pr.Cit)-5 Mumbai Passed U/S 263 Of The Act.

For Appellant: Shri Madhur Agarwal.ARFor Respondent: Shri H.N Singh.DR
Section 143(3)Section 263

change in registered office of the assessee company due to merger with M/s Servo BPO Pvt Ltd. The assessee has filed the revised return of income on 30.03.2015 disclosing a loss of Rs.68,50,30,783/-. The Assessing officer (AO) on perusal of the financial statements and Audit report ... submissions before the Pr.CIT and the facts dealt with respect to offering of income. Since the assessee has filed the revised tax audit report, revised return of income disclosing the income and expenses, hence there is no violation or error in the non consideration ITA Nos. 976 & 977/Mum/2021 Teleperformance Global

C.U. Inspections & Certifications India Pvt. Ltd, Mumbai vs. ACIT 15(1) (2), Mumbai

In the result, all the appeals of the assessee are allowed

ITA 1633/MUM/2022[2014-15]Status: DisposedITAT Mumbai29 Dec 2022AY 2014-15

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.1633/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2014-15) & आयकर अपील सं/ I.T.A. No.1634/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2015-16) Cu Inspections & बिधम/ Acit-15(1)(2) Certifications India Pvt. Ltd. Room No. 483, Aayakar Vs. 2201, 2205,2206, 22Nd Bhavan, Maharshi Karve Floor, 2301 To 2306 23Rd Road, Mumbai-400020. Floor, B Wing, Arihant Aura, Plot No. 13/1, Ttc, Opp Turbhe Railway Station, Thane Belapur Road, Midc Side, Turbhe Navi Mumbai-400705. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaecc7885N (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri H. N. Motiwala Revenue By: Shri Hiren Bhatt (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 31/10/2022 घोषणा की तारीख /Date Of Pronouncement: 29/12/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/(Nfac), Delhi Dated 18.05.2022 & For Ay. 2014-15 Respectively.

For Appellant: Shri H. N. MotiwalaFor Respondent: Shri Hiren Bhatt (Sr. AR)
Section 143(3)

basis, the assessee had credited the proportionate income declaring total income at Rs.2,93,89,060/- which return was subsequently revised twice. The final revised return was filed declaring total income of Rs.2,21,80,270/-. In the order u/s 143(3) of the Act, the AO disagreed with