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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.

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.

Pr. CIT v. Ankit Metal & Power Ltd.
109 Taxmann.com 93 · 2019 · High Court
77
citing judgments

The Income Tax Appellate Tribunal (ITAT) has the power under Section 254 to entertain a claim for deduction not made in the original return of income or a revised return filed before the Assessing Officer.

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

Raheja Sherwood Cooperative Housing Society Ltd, Mumbai vs. ITO Ward 41(4)(3), Mumbai

Appeal is allowed for statistical purposes

ITA 5228/MUM/2025[2020-21]Status: DisposedITAT Mumbai17 Nov 2025AY 2020-21

Bench: Shri Narender Kumar Choudhryassessment Year: 2020-21 M/S. Raheja Sherwood Ito Ward 41 (4) (3), Cooperative Housing Society C41-43, G Block Bkc, Ltd., Gilban Area, Nirlon Compound, Vs. Bandra Kurla Complex, Western Express Highway, Bandra East, Goregaon East, Mumbai - 400051 Mumbai – 400063. Pan: Aabtr1763L (Appellant) (Respondent) Present For: Assessee By : Shri Kinjal Bhuta, Ld. A.R. Revenue By : Shri Praveen K. Srivastav, Ld. Sr. D.R. Date Of Hearing : 17.11.2025 Date Of Pronouncement : 17.11.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 27.06.2025, Impugned Herein, Passed By The National Faceless Appeal Center (Nfac)/ Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2020-21. 2. In This Case, The Assessee Had Declared Its Total Income At Rs.38,15,171/- & Claimed The Deduction Of Rs. Rs.35,10,843/- U/S 80P(2)(D) Of The Act, By Filing Its Return Of Income For The A.Y Under Consideration On Dated 09/01/2021, Which Was Subsequently Selected For Complete Scrutiny Under Cass & Resulted Into Assessing The Income Of The Assessee To The Rs.17,16,067/- While Disallowing Of Deduction Claimed U/S 2 M/S. Raheja Sherwood Cooperative Housing Society Ltd.

For Appellant: Shri Kinjal Bhuta, Ld. A.RFor Respondent: Shri Praveen K. Srivastav, Ld. Sr. D.R
Section 139(5)Section 143Section 2Section 250Section 80P(2)(D)

this Court to the CBDT circular No. 08/2021, demonstrated that from above circular, it clearly appears that last date for filing belated return and revised return u/s 139(5) of the act, was extended up to 31/05/2021 by the CBDT considering the Covid-19 period and the notice ... agreement with the Ld. DR that the Assessing Officer is not empowered to entertain any claim, whether fresh or revised, except by filing appropriate revised return of income. However, there is no prohibition for the appellate authorities to admit fresh claim made by Assessee to decide the issue

James Joseph Palackan, Palackal vs. ITO, Ward-2, Kottayam

In the result, the appeal filed by the assessee stands partly allowed for statistical purposes

ITA 625/COCH/2025[2016-17]Status: DisposedITAT Cochin14 Nov 2025AY 2016-17

Bench: Shri Inturi Rama Rao, Am Assessment Years: 2015-16 James Joseph Palackan .......... Appellant Palco Constructions, Palackal, Vaikom Kottayam 686140 [Pan: Aeupp8573P] Vs. The Income Tax Officer, Ward-2, Kottayam .......... Respondent Assessee By: Shri C.J. Romid, Ca Revenue By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 28.10.2025 Date Of Pronouncement: 14.11.2025 O R D E R This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 07.07.2025 For Assessment Year (Ay) 2016-17. 2. Brief Facts Of The Case Are That The Appellant Is An Individual Engaged In The Business Of Executing Civil Contracts. The Return Of Income For Ay 2016-17 Was Filed On 29.06.2016 Declaring Income Of Rs. 2,97,440/- & Also Agricultural Income Of Rs. 30,00,000/-. The Same Was Revised On 24.01.2018 Showing Agricultural Income Of Rs. 1,00,000/- Only. Against The Said Return Of Income, The Assessment Was Completed By The Income Tax Officer, Ward-2, Kottayam (Hereinafter Called "The Ao") Vide Order Dated 31.12.2018

For Appellant: Shri C.J. Romid, CAFor Respondent: Smt. Leena Lal, Sr. D.R
Section 143(3)

before this Tribunal in the present appeal. 5. The learned counsel for the assessee submits that the AO had completed the assessment ignoring the revised return of income filed by the appellant. Similarly, the CIT(A) ought not have held that the appellant had not filed the revised return ... income. 6. On the other hand, the learned Sr. DR, submits that the revised return of income filed by the appellant is not valid in law in the absence of any valid reasoning for revising the return of income. 7. I heard the rival contentions and perused the material available

The Warangal District Cooperative Central Bank Limited, Hanamkonda vs. DCIT, Circle-3(1), Hyderabad

ITA 364/HYD/2023[2021-22]Status: DisposedITAT Hyderabad14 Nov 2025AY 2021-22

Bench: Shri Manjunatha G. & Shri Ravish Soodआ.अपी.सं /Ita No.364/Hyd/2023 ("नधा"रण वष"/Assessment Year:2021-22) The Warangal District Vs. Deputy Commissioner Of Cooperative Central Bank Income Tax, Limited, Hanamkonda, Circle-3(1), Warangal. Hyderabad. Pan: Aabtt3137G (Appellant) (Respondent) "नधा"रती "वारा/Assessee By: Sri S. Rama Rao, Advocate राज" व "वारा/Revenue By: Dr. Sachin Kumar, Sr. Ar सुनवाई क" तार"ख/Date Of 11/11/2025 Hearing: घोषणा क" तार"ख/Date Of 14/11/2025 Pronouncement: आदेश / Order Per. Ravish Sood, J.M:

For Appellant: Sri S. Rama Rao, AdvocateFor Respondent: Dr. Sachin Kumar, Sr. AR
Section 115BSection 143(1)Section 143(1)(a)Section 234CSection 36(1)(va)

assessee and that the provisions of Sec.115BAD are not applicable. 4. The learned Commissioner of Income-Tax (Appeals) ought to have seen that a revised return of income was filed within time and the prescribed form was also filed along with such return of income and, therefore, the appellant complied ... required under Section 115BAD r.w Rule 21AH to exercise the option for taxation under Section 115BAD of the Act. The assessee thereafter filed a revised return of income on 31.03.2022, along with Form 10IF, claiming taxation under section 115BAD. The CPC processed the return of income on 28.12.2022 but treated