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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

Dredging Corporation of India, Visakhapatnam vs. The Assistant Commissioner of Income Tax, Circle-3(1), Visakhapatnam

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

ITA 211/VIZ/2020[2015-16]Status: DisposedITAT Visakhapatnam09 Sept 2022AY 2015-16

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

Vijay Channabasav Suttatti, Pune vs. Assistant Commissioner of Income-Tax, Circle - 13, Pune

ITA 825/PUN/2018[2012-13]Status: DisposedITAT Pune09 Sept 2022AY 2012-13

Bench: Shri Ss Viswanethra Ravi & Shri G. D. Padmahshaliआयकर अपीऱ सं. / Ita No. 825/Pun/2018 निर्धारण वर्ा / Assessment Year : 2012-2013 Vijay Channabasav Suttatti Mulbery Garden, Magarpatta City, Pune. . . . . . . . अपीऱधर्थी / Appellant Pan : Acmps4486Q बनाम / V/S. Asstt. Commissioner Of Income Tax, . . . . . . . प्रत्यर्थी / Respondent Circle-13, Pune. द्वारा / Appearances Assessee By :Shri Kishor Phade Revenue By :Shrim. G. Jasnani सुनवाईकीतारीख / Date Of Conclusive Hearing : 06/09/2022 घोषणाकीतारीख / Date Of Pronouncement : 09/09/2022 आदेश / Order Per G. D. Padmahshali, Am; The Extant Appeal Is Challenged Against The Order Of Commissioner Of Income Tax (Appeals-8), Pune [For Short “Cit(A)”] Dt. 15/08/2018 Passed U/S 250 Of Income-Tax Act, 1961 [For Short “The Act”], Which Ascended Out Of Regular Assessment Order Dt. 26/03/2015 Passed U/S 143(3) Of The Act, By Asstt. Cit, Circle-13, Pune [For Short “Ao”], For Assessment Year [For Short “Ay”] 2012-13. Itat-Pune Page 1 Of 8

For Appellant: Shri Kishor PhadeFor Respondent: ShriM. G. Jasnani
Section 139(1)Section 139(4)Section 139(5)Section 143(2)Section 143(3)Section 250

Vijay Channabasav Suttatti ITA No. 825/PUN/2018AY: 2012-13 2. The solitary dispute contested by the present appeal spins around the validity of revised return filed vis-a-vis claims made thereunder, where the original return of income was filed belatedly u/s 139(4) of the Act. 3. Before travelling ... facts in upholding the action of the learned ACIT, Circle-13, Pune (hereinafter referred to as the learned AO) in not considering the revised return of income filed by the appellant u/s 139(5) of the ITA, 1961 as original return of income was filed beyond time limit prescribed

M/S S.R.Batliboi & Associates LLP, Kolkata vs. ADIT, CPC, Bangalore

In the result, the appeal of the assessee stands allowed

ITA 237/KOL/2022[2019-20]Status: DisposedITAT Kolkata07 Sept 2022AY 2019-20

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.237/Kol/2022 Assessment Year: 2019-20 M/S S.R. Batliboi & Associates Llp………................……............…..….. Appellant 3Rd Floor, Bloc B, 22, Camac Street, Kolkata. [Pan: Achfs9118A] Vs. Adit, Cpc, Bangalore....................................................…..............……. Respondent Appearances By: Shri D. Ghosh, Fca, Appeared On Behalf Of The Appellant. Shri Sudipta Guha, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 31, 2022 Date Of Pronouncing The Order : September 07, 2022 Order Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 21.12.2021 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. Based On The Facts & Circumstances Of The Case, S.R. Batliboi & Associates Llp ("The Appellant"), Respectfully Craves To Prefer An Appeal Against The Order Dated 21St Dec 2021 Passed By The Learned Commissioner Of Income-Tax (Appeals) - Nfac [“Cit(A)"], Delhi (Received By The Appellant On 21St Dec 2021) Under Section 250 Of The Income-Tax Act, 1961 ("The Act'") On The Following Grounds Which Are Independent & Without Prejudice To Each Other: On The Facts & In The Circumstances Of The Case & In Law, The Learned Assistant Director Of Income Tax, Cpc ("Ao") & Cit(A) Has: General 1. Erred In Confirming The Action Of Ld. Ao In Computing Total Income Of The Appellant At Rs. 1,18,67,86,431 As Against Income Of Rs. 1,18,63,50, 198 Offered To Tax By The Appellant In Return Of Income For The Subject Assessment Year; Ex-Parte Order, Non-Grant Of Sufficient Opportunity Of Being Heard

Section 143(1)Section 234ASection 234BSection 234CSection 250Section 36Section 36(1)

erred in levying interest under Section 234B of the Act of Rs. 2,68,40,416 instead of Rs. 14,17,660 computed in Revised Return of Income; Levy of interest under Section 234C of the Act 2 I.T.A. No.237/Kol/2022 Assessment Year: 2019-20 M/s S.R. Batliboi & Associates ... erred in levying interest under Section 234C of the Act of Rs. 83,64,021 instead of Rs. 31,80,588 computed in Revised Return of Income; The Appellant craves leave to add, alter, vary, omit, substitute or amend the above grounds of appeal, at any time before