“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

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

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

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

Shri. Vinod Raghavendra Deshpande, Bagalkot vs. The Income Tax Officer, Ward-1, Bagalkot

In the result, the appeal filed by the assessee is partly allowed

ITA 675/BANG/2022[2017-18]Status: DisposedITAT Bangalore23 Sept 2022AY 2017-18

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am

For Appellant: Smt.Preethi Patel, AdvocateFor Respondent: Smt.Priyadarshini Baseganni, Addl.CIT-DR

Section 133ASection 44A

relevant assessment year, over and above the regular income disclosed for the assessment year 2017-2018. Thereafter, the assessee filed a revised return electronically on 23.03.2018, wherein the assessee declared an amount of Rs.34,67,150 as against Rs.69,34,300 disclosed during the course of survey on account ... income under pressure to cooperate with the Income Tax Department and had paid the tax on the same. Even the income declared in the revised return amounting to Rs.34,67,150 is not supported by any evidence / record but taken by guess / imaginary figure. The CIT(A), however, rejected

Rajeev Biswas vs. Union of India & Ors

ITA/161/2018HC Calcutta22 Sept 2022

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Supratim Bhattacharya Date : September 22, 2022. Appearance: Mr. Sukumar Bhattacharyya, Adv. Ms. Sayani Bhattacharya, Adv. Ms. Swaralipi Sarkar, Adv. …For Appellant Mr. Tilak Mitra, Adv. …For Respondent The Court :- This Appeal Filed By The Assessee Under Section 260A Of The Income Tax Act, 1961 (The Act) Is Directed Against The Order Dated 5.1.2018 Passed By The Income Tax Appellate Tribunal “A” Bench, Kolkata In Miscellaneous Application No. 205/Kol/2017 Affirming The Order Dated 27Th September, 2017 Passed In Income Tax Appeal No. 1176/Kol/2017 By Which The Order Passed By The Commissioner Of Income Tax (Appeals) –22 Kolkata, [Cit(A)] Dated 15Th March, 2017 Was Affirmed, Which Order Of The [Cit(A)] Arose Out Of An Order Passed By The Assessing Officer Namely Deputy Commissioner Of Income Tax (International Taxation), Circle – 2 (1), Kolkata Dated 28Th January, 2016 For The Assessment Year 2012-13. The Appeal Was Admitted On 3Rd December, 2018 To Decide The Following Substantial Questions Of Law:- “I. Whether The Subject Income Could Be Taken To Have Accrued In India Only For The Reason That It Was Shown In The Balance Sheet Of The Assessee ?

Section 10(6)(viii)Section 143(1)Section 154Section 260A

rectified. Aggrieved by the same, the assessee preferred appeal before the [CIT(A)] contending that the assessing officer has erred in ignoring the revised return filed by the assessee on 15th July, 2014 which was duly acknowledged where the income earned by the assessee under the head ‘salary claimed ... Further, it was contended that the assessing officer has overlooked the response sheet wherein acknowledgement has been given for filing the revised return. The said appeal was dismissed by the order dated 15th March, 2017 and on perusal of the said order it shows that the [CIT(A)] devoted much