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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

Kalinga Institute of Industrial Technology (Kiit), Patia vs. CIT (Exemp.) Hyderabad, Hyderabad

In the result, appeal of the assessee is allowed

ITA 48/CTK/2022[2017-18]Status: DisposedITAT Cuttack13 Sept 2022AY 2017-18

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2017-18 Kalinga Institute Of Industrial Kalinga Institute Of Industrial Vs. Cit (Exemptions), Cit (Exemptions), Technology (Kiit), Plot No.383, Technology (Kiit), Plot No.383, Hyderabad 384, 384, Kiit Kiit Campus Campus-1, Patia, Bhubaneswar. Bhubaneswar. Pan/Gir No. Pan/Gir No.Aaatk 3103 C (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri S.K.Agarwalla, Ar S.K.Agarwalla, Ar Revenue By : Shri M.K.Gautam, Cit Shri M.K.Gautam, Cit Dr Date Of Hearing : 13 /9 9/2022 Date Of Pronouncement : 13/9 9/2022 O R D E R Per Bench This Is An Appeal Filed By The Assessee Ag This Is An Appeal Filed By The Assessee Against The Order Of The Ld Ainst The Order Of The Ld Cit(E), Hyderabad Hyderabad Passed U/S.263 Of The Act Dated Dated 14.3.2022 In Appeal No.Itba/Rev/F/Rev5/2021 Itba/Rev/F/Rev5/2021-22/1040690424(1) For The Assessment Year For The Assessment Year 2017-18. 2. Shri S.K.Agarwala, Ld Ar Appeared For The Assessee & Shri Shri S.K.Agarwala, Ld Ar Appeared For The Assessee & Shri Shri S.K.Agarwala, Ld Ar Appeared For The Assessee & Shri M.K.Gautam, Ld Cit Dr Appeared For The Revenue. M.K.Gautam, Ld Cit Dr Appeared For The Revenue.

For Appellant: Shri S.K.Agarwalla, ARFor Respondent: Shri M.K.Gautam, CIT
Section 10Section 11(1)Section 12ASection 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 A.O. did not apply his mind to this aspect

The Deputy Commissioner of Income Tax, Circle-3(1), Visakhaptnam vs. Dredging Corporation of India Limited, Visakhaptnam

In the result, appeal and cross objections of the assessee as well as the appeal of the revenue are dismissed

ITA 54/VIZ/2021[2018-19]Status: DisposedITAT Visakhapatnam09 Sept 2022AY 2018-19

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.211/Viz/2020 (निर्धारण वर्ा / Assessment Year : 2015-16) M/S Dredging Corporation Of India Ltd. Vs. Asst.Commissioner Of Dredge House, Hb Colony, Main Road Income Tax Seethammadhara, Visakhapatnam Circle-3(1) [Pan : Aaacd6021B] Visakhapatnam आयकर अपील सं./I.T.A.No.54/Viz/2021 (निर्धारण वर्ा / Assessment Year : 2015-16) Dy.Commissioner Of Vs. M/S Dredging Corporation Of Income Tax India Ltd. Circle-3(1) Dredge House, Hb Colony, Visakhapatnam Main Road, Seethammadhara Visakhapatnam [Pan : Aaacd6021B] Cross Objection No.48/Viz/2021 (Arising Out Of I.T.A No.54/Viz/2021) M/S Dredging Corporation Of India Ltd. Vs. Dy.Commissioner Of Dredge House, Hb Colony, Main Road Income Tax Seethammadhara Circle-3(1) Visakhapatnam Visakhapatnam [Pan : Aaacd6021B] निर्धारितऩ की ओर से/ Assessee By : Shri G.V.N.Hari, Ar िधजस्व की ओर से / Revenue By : Shri M.N.Murthy Naik, Cit(Dr) सुिवधई की तधरीख / Date Of Hearing 18.07.2022 : घोर्णध की तधरीख/Date Of Pronouncement : 09.09.2022

For Appellant: Shri G.V.N.Hari, ARFor Respondent: Shri M.N.Murthy Naik, CIT(DR)
Section 115VSection 143(2)Section 143(3)

total income of Rs.8,21,67,900/- and claiming a refund of Rs.14,80,79,080/-. Subsequently, the assessee company filed it’s revised return of income on 07.05.2016, admitting total income of Rs.8,59,91,810/- and claiming a refund of Rs.14,61,78,510/-. The case was selected