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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

Rajinder Singh Sadana, Raipur vs. Income Tax Officer, Ward-4(1), Raipur

The appeal of the assessee is ALLOWED FOR STATISTCAL PURPOSE in above terms

ITA 144/RPR/2019[2012-13]Status: DisposedITAT Raipur26 Dec 2022AY 2012-13

Bench: Shri Ravish Sood & Shri G. D. Padmahshaliआयकर अपीऱ सं. / Ita No. 144/Rpr/2019 निर्धारण वर्ा / Assessment Year : 2012-2013 L/H Smt Paramjeet Kaur Sadana D-102, Jainam Plannet, Mandi Rd. Raipur – 492009, Chhattisgarh . . . . . . . अपीऱधर्थी / Appellant Pan: बनाम / V/S. Asstt. Commissioner Of Income Tax, . . . . . . . . प्रत्यर्थी / Respondent Circle 4(1), Raipur. द्वारा / Appearances Assessee By :Shri Veekaas S. Sharma :Shri Choudhary N.C. Roy Revenue By सुनवाई की तारीख / Date Of Conclusive Hearing : 22/12/2022 घोषणा की तारीख / Date Of Pronouncement : 26/12/2022 आदेश / Order Per G. D. Padmahshali, Am; The Present Appeal Assailed Against The Order Of Commissioner Of Income Tax (Appeals)-Ii, Raipur [For Short “Cit(A)”] Dt. 21/03/2019 Passed U/S 250 Of The Income-Tax Act, 1961 [For Short “The Act”], Which Dove Out Of Order Of Assessment Dt. 30/01/2015 Passed U/S 143(3) By The Asstt. Commissioner Of Income Tax

For Appellant: Shri Veekaas S. Sharma
Section 139(4)Section 143(3)Section 250Section 54FSection 80

capital loss were neither finds place in belated ITR nor made in course regular assessment proceedings and contended that, in the absence of revised return, in ITAT-Raipur Page 4 of 6 L/H Smt Paramjeet Kaur Sadana ITA No.144/RPR/2019 AY: 2012-13 the light of section

Bhavendra Hasmukhlal Patadia. Legal Heir of Hasmukhlal Patadia., Cuttack vs. ITO Ward-!(1), Cuttack

In the result, appeal of the assessee is allowed

ITA 125/CTK/2022[2015-16]Status: DisposedITAT Cuttack26 Dec 2022AY 2015-16

Bench: Shri George Mathan & Shri Arun Khodpiaआयकर अऩीऱ सं/Ita No.125/Ctk/2022 (ननधाारण वषा / Assessment Year :2015-2016) Bhavendra Hasmukhlal Patadia, Vs Ito, Ward-1(1), Cuttack Legal Heir Of Hasmukhlal Patadia, Nayabazar, Chauliaganj, Cuttack-753004 Pan No. :Adapp 6256 G (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) ननधााररती की ओर से /Assessee By : Shri Deepak Shah, Ar राजस्व की ओर से /Revenue By : Shri M.K.Gautam, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 26/12/2022 घोषणा की तारीख/Date Of Pronouncement : 26/12/2022 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld Pr.Cit, Cuttack, Passed In Itba/Com/F/17/2019-20/1026790827(1), Dated 19.03.2020, For The Assessment Year 2015-2016. Head On The Question Of Condonation Of Delay 2. On Perusal Of The Appeal Record, It Is Found That The Appeal Of The Assessee Is Barred By 784 Days. In This Regard, The Assessee Has Filed An Application For Condonation Of Delay Dated 11.07.2022 Along With Affidavit Stating Therein That Due To Continuous Lockdown On Account Of Spread Of Covid-19, The Assessee Could Not File The Present Appeal In Time, Therefore, He Prayed That Delay Of 784 Days In Filing The Present Appeal May Kindly Be Condoned. On The Other Hand, Ld. Cit-Dr Did Not Object To The Above Submission Of The Ld. Ar. Considering The Above, We Condone

For Appellant: Shri Deepak Shah, ARFor Respondent: Shri M.K.Gautam, CIT-DR
Section 143(3)Section 263

assessee had initially filed return of income showing agricultural income of Rs.15 lakhs. During the course of scrutiny proceedings, the assessee filed revised return of income wherein the claim of agricultural income was enhanced to Rs.2.81crores (which was 1872% higher). The AO. did not apply his mind to this aspect

Anugraha Fashion Mill Private Limited, Tirupur vs. DCIT, CPC, Bangalore

In the result, appeal in I

ITA 883/CHNY/2020[2017-18]Status: DisposedITAT Chennai21 Dec 2022AY 2017-18

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./ I.T.A. Nos.883 & 865/Chny/2020 िनधा"रण वष"/Assessment Years: 2017-18 M/S. Anugraha Fashion Mill Vs. The Deputy Commissioner Of Private Limited, 15, Suriyan Nagar, Income Tax, Abt Rod New Extn., Karuvampalayam, Centralized Processing Centre, Tirupur 641 604. Bangalore 650 500. [Pan:Aahca3311Q] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Yeshwanth Kumar, Ca ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 12.12.2022 घोषणा की तारीख /Date Of Pronouncement : 21.12.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against Different Orders Of The Ld. Commissioner Of Income Tax (Appeals) 3, Coimbatore Dated 31.08.2020 & 28.09.2020 Relevant To The Assessment Year 2017-18. I.T.A. No. 883/Chny/2020 2. The Appellate Order Passed By The Ld. Cit(A) Under Section 250 Of The Income Tax Act, 1961 [“Act”] Dated 31.08.2020 Has Not Been Digitally Signed & Thereby There Was A Mistake Apparent On Record. The Above

For Appellant: Shri Yeshwanth Kumar, CAFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 143(1)Section 143(3)Section 154Section 250Section 80I

return of income which was the subject matter of 143(1) and 143(3) assessments. When the Original return of income was scrutinised, the Revised Return of Income was processed u/s 143(1). Why the CPC disallowed the claim is due to the fact that assessee ought not have made ... claim in the Revised Return of Income, when the Form 10CCB was not filed along with Original Return of Income. As per sec 143(1)(ii), there is an incorrect claim in the Revised R/I, apparent on the information in the R/I. Hence CPC's action of disallowing deduction claimed

Anugraha Fashion Mill Private Limited, Tirupur vs. DCIT, CPC, Bangalore

In the result, appeal in I

ITA 865/CHNY/2020[2017-18]Status: DisposedITAT Chennai21 Dec 2022AY 2017-18

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./ I.T.A. Nos.883 & 865/Chny/2020 िनधा"रण वष"/Assessment Years: 2017-18 M/S. Anugraha Fashion Mill Vs. The Deputy Commissioner Of Private Limited, 15, Suriyan Nagar, Income Tax, Abt Rod New Extn., Karuvampalayam, Centralized Processing Centre, Tirupur 641 604. Bangalore 650 500. [Pan:Aahca3311Q] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Yeshwanth Kumar, Ca ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 12.12.2022 घोषणा की तारीख /Date Of Pronouncement : 21.12.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against Different Orders Of The Ld. Commissioner Of Income Tax (Appeals) 3, Coimbatore Dated 31.08.2020 & 28.09.2020 Relevant To The Assessment Year 2017-18. I.T.A. No. 883/Chny/2020 2. The Appellate Order Passed By The Ld. Cit(A) Under Section 250 Of The Income Tax Act, 1961 [“Act”] Dated 31.08.2020 Has Not Been Digitally Signed & Thereby There Was A Mistake Apparent On Record. The Above

For Appellant: Shri Yeshwanth Kumar, CAFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 143(1)Section 143(3)Section 154Section 250Section 80I

return of income which was the subject matter of 143(1) and 143(3) assessments. When the Original return of income was scrutinised, the Revised Return of Income was processed u/s 143(1). Why the CPC disallowed the claim is due to the fact that assessee ought not have made ... claim in the Revised Return of Income, when the Form 10CCB was not filed along with Original Return of Income. As per sec 143(1)(ii), there is an incorrect claim in the Revised R/I, apparent on the information in the R/I. Hence CPC's action of disallowing deduction claimed