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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

Merck Performance Materials Pvt Ltd., Mumbai vs. Asst CIT 15(2)(2), Mumbai

ITA 1210/MUM/2020[2011-12]Status: DisposedITAT Mumbai13 Apr 2022AY 2011-12

Bench: Shri Shamim Yahya & Shri Rahul Chaudharyआयकर अपील सं/ I.T.A. No. 1210/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2011-12) Merck Performance Materials बिधम/ The Assistant Pvt. Ltd., (Formerly Known As Commissioner Of Income Vs. Chemtreat Composites India Tax – 15(2)(2), Mumbai, Pvt. Ltd.) Aayakar Bhavan, Godrej One, Pirojsha Nagar, M.K. Road, Eastern Express Highway, Mumbai - 400020 Vikhroli (East), Mumbai- 400079 Pan : Aabcc5609B (अपीलाथी /Appellant) : (प्रत्यथी) / Respondent) For The Appellant/Assessee: Arati Vissanji For The Respondent/Revenue: C.T. Mathews सुनवाई की तारीख / Date Of Hearing : 03.02.2022 घोषणा की तारीख /Date Of Pronouncement : 13.04.2022 आदेश / O R D E R Per Rahul Chaudhary: 1. By Way Of The Present Appeal The Appellant/Assessee Has Challenged The Order Dated, 02.12.2019 Passed By The Ld. Commissioner Of Income Tax (Appeals)- 24, Mumbai (Hereafter Referred To As „The Cit(A)‟] Under Section 250 Of The Income Tax Act, 1961 (Hereafter Referred To As „The Act‟), Whereby The Ld. Cit(A) Had Dismissed The Appeal Against The Assessment Order, Dated 29.12.2017, Passed Under Section 143(3) Read With Section 147 Of The Act.

For Appellant: Arati VissanjiFor Respondent: C.T. Mathews
Section 10ASection 10BSection 115JSection 143(1)Section 143(3)Section 147Section 148Section 250

original return of income filed by the Appellant was processed under Section 143(1) of the Act. The Appellant, however, filed a revised return of income on 28.09.2012 declaring „Nil‟ income under normal provisions of the Act after claiming the set-off of brought forward losses, and declaring Book Profits ... under Section 115JB of the Act. ITA. No. 1210/Mum/2020 A.Y. 2011-12 5. The revised return filed by the Appellant was picked up for detailed scrutiny and vide order, dated 28.02.2014, assessment was framed on the Appellant under Section 143(3) of the Act. The income of the Appellant

Piramal Investment Opportunities Fund, Mumbai vs. Pr. CIT, Range-20, Mumbai

Appeal of the assessee is allowed

ITA 700/MUM/2021[2015-16]Status: DisposedITAT Mumbai11 Apr 2022AY 2015-16

Bench: Shri Vikas Awasthy & Shri M. Balaganeshआअसं. 700/मुं/2021 ("न. व. 2015-16 ) Piramal Investment Opportunities Fund, Piramal Tower, Ganpatrao Kadam Marg, Lower Parel(West), Mumbai 400 013 Pan: Aactp-3767-H ...... अपीलाथ" /Appellant बनाम Vs. Pr.Commissioner Of Income Tax, Range -20, Room No.418, 4Th Floor, Piramal Chamber, Lal Baug, Parel, Mumbai 400 012. ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Ronak Doshi ""तवाद" "वारा/Respondent By : S/Shri R.K.Sahu & Milind Chavan सुनवाई क" "त"थ/ Date Of Hearing : 14/01/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 11/04/2022 आदेश/ Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Principal Commissioner Of Income Tax, Mumbai -20 (In Short ‘The Pcit’) Dated 12/03/2021 For Assessment Year 2015-16, Passed U/S. 263 Of The Income Tax Act, 1961 ( In Short ‘ The Act’ )

For Appellant: Shri Ronak DoshiFor Respondent: S/Shri R.K.Sahu and Milind Chavan
Section 143(2)Section 143(3)Section 263Section 61

interest income. The assessee filed its original return of income on 08/10/2015 declaring total income of Rs.65,65,84,800/- . Subsequently, the assessee filed revised return of income on 31/03/2017 declaring total income as Nil. Along with the revised return of income the assessee filed computation stating that the assessee ... revocable. The assessee enjoys pass through status u/s. 61 to 63 of the Act. The ld. Authorized Representative of the assessee referred to the revised return of income along with computation of income at page 401 to 433of the paper book. The ld. Authorized Representative of the assessee submitted that