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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

M/S. Gmr Enterprises Private Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Central Circle- 2(2), Bangalore

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

ITA 2310/BANG/2019[2015-16]Status: DisposedITAT Bangalore28 Oct 2021AY 2015-16

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am It(Tp)A No.2310/Bang/2019 : Asst.Year 2015-2016 M/S.Gmr Enterprises Pvt. Ltd. The Dy.Commissioner Of (Successor To Gmr Holdings P.Ltd) Income-Tax, Central Circle 2(2) V. Bangalore. No.25/1 Skip House, Museum Rd. Bangalore – 560 025. Pan : Aaccr1554R. (Appellant) (Respondent) Appellant By : Sri.Yogesh Thar, Ca Respondent By : Sri.Sumer Singh Meena, Cit-Dr Date Of Pronouncement : 28.10.2021 Date Of Hearing : 25.10.2021 O R D E R Per Bench:- This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 14.10.20199 Passed U/S 143(3) R.W.S. 144C Of The I.T.Act. The Relevant Assessment Year Is 2015-2016. 2. The Assessee Has Raised Five Grounds & Various Sub Grounds. The Assessee By Its Application Dated 13.07.2020 Has Also Raised An Additional Ground. The Learned Ar During The Course Of Hearing Submitted That Grounds No.Ii & Iii May Be Adjudicated & The Other Grounds May Be Left Open. Therefore, Grounds No.Ii & Iii Are Reproduced Below:-

For Appellant: Sri.Yogesh Thar, CAFor Respondent: Sri.Sumer Singh Meena, CIT-DR
Section 142ASection 143(3)Section 14ASection 56(2)(viib)

Development Corporation Ltd. v. ACIT in Writ Petition (C) No.4554 of 2011, held that an error or omission can be rectified only filing a revised return within the prescribed time limit u/s 139(5) of the I.T.Act. Therefore, it was concluded by the DRP that the assessee is not entitled

Arctern Consulting Private Limited, Bangalore vs. Asst.C.I.T., Bangalore

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

ITA 279/BANG/2016[2011-12]Status: DisposedITAT Bangalore28 Oct 2021AY 2011-12

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am It(Tp)A No.279/Bang/2016 : Asst.Year 2011-2012 M/S.Arctern Consulting Private The Asst.Commissioner Of Limited, 49/8, 2Nd Floor, 60 Feet Income-Tax, Circle 1(1)(1) V. Bangalore. Road, Near Jyothi Nivas College, Koranmangala Industrial Layout Bangalore. Pan : Aaeca9113F. (Appellant) (Respondent) Appellant By : Smt.Tanmayee Rajkumar, Advocate Respondent By : Sri.Sumer Singh Meena, Cit(Osd)-Dr Date Of Pronouncement : 28.10.2021 Date Of Hearing : 27.10.2021 O R D E R Per George George K, Jm This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 17.12.2015 Passed U/S 143(3) R.W.S. 144C Of The I.T.Act. The Relevant Assessment Year Is 2011-2012. 2. The Brief Facts Of The Case Are As Follows: The Assessee Is A Company Engaged In Providing Contract Software Development (Swd) Services & Information Technology Enabled (Ite) Services To Its Associate Enterprises (Aes). For The Assessment Year 2011-2012, The Assessee Had Filed Return Of Income On 30.11.2011 Declaring Loss Of Rs.92,43,787. Later, Revised Return On 08.02.2012 Declaring Loss Of Rs.44,54,773. The Assessment Was Selected For Scrutiny By Issuance Of Notice U/S 143(2) Of The I.T.Act.

For Appellant: Smt.Tanmayee Rajkumar, AdvocateFor Respondent: Sri.Sumer Singh Meena, CIT(OSD)-DR
Section 143(2)Section 143(3)Section 92C

Enterprises (AEs). For the assessment year 2011-2012, the assessee had filed return of income on 30.11.2011 declaring loss of Rs.92,43,787. Later, revised return on 08.02.2012 declaring loss of Rs.44,54,773. The assessment was selected for scrutiny by issuance of notice u/s 143(2) of the I.T.Act

Saf Yeast Co. P.Ltd., Mumba vs. ACIT CC-7(1), Mumbai

Accordingly, ground No. 1 & 2 raised by the assessee is allowed

ITA 1800/MUM/2020[2013-14]Status: DisposedITAT Mumbai25 Oct 2021AY 2013-14

Bench: Shri S. Rifaur Rahman () & Shri Pavan Kumar Gadale () Assessment Year: 2013-14 Deputy Commissioner Of Income M/S Saf Yeast Co. Pvt. Ltd., Tax Cc-7(1), Vs. 419, Swastik Chambers, Room No. 653, Aayakar Bhavan, Chembur, M.K. Road, Mumbai-400071. Mumbai-400020. Pan No. Aadcs 9080 J Appellant Respondent Assessment Year: 2013-14 M/S Saf Yeast Co. Pvt. Ltd., Deputy Commissioner Of Income 419, Swastik Chambers, Chembur, Vs. Tax Cc-7(1), Mumbai-400071. Room No. 653, Aayakar Bhavan, M.K. Road, Mumbai-400020. Pan No. Aadcs 9080 J Appellant Respondent Assessment Year: 2014-15 M/S Saf Yeast Co. Pvt. Ltd., Deputy Commissioner Of Income 419, Swastik Chambers, Chembur, Vs. Tax Cc-7(1), Mumbai-400071. Room No. 653, Aayakar Bhavan, M.K. Road, Mumbai-400020. Pan No. Aadcs 9080 J Appellant Respondent

For Respondent: Mr. Hemant Chimanlal Leuwa, DR
Section 80I

submissions of the assessee, the Assessing Officer observed that the assessee can claim the relief of ₹34,52,000/-only by filing the revised return of Income. Since the assessee has not filed revised return of income the same cannot be entertained at this stage. 7. Aggrieved with the above ... considering the submissions of the assessee, the Ld. CIT(A) observed that AO has not considered the claim for the reason that no revised return was filed to make this claim and hence the same was not allowable. Further, the Ld. CIT(A) observed that it is evident that

Dy CIT - CC- 7(1), Mumbai vs. M/S. Saf Yeast Co.Pvt. Ltd., Mumbai

Accordingly, ground No. 1 & 2 raised by the assessee is allowed

ITA 1714/MUM/2020[2013-14]Status: DisposedITAT Mumbai25 Oct 2021AY 2013-14

Bench: Shri S. Rifaur Rahman () & Shri Pavan Kumar Gadale () Assessment Year: 2013-14 Deputy Commissioner Of Income M/S Saf Yeast Co. Pvt. Ltd., Tax Cc-7(1), Vs. 419, Swastik Chambers, Room No. 653, Aayakar Bhavan, Chembur, M.K. Road, Mumbai-400071. Mumbai-400020. Pan No. Aadcs 9080 J Appellant Respondent Assessment Year: 2013-14 M/S Saf Yeast Co. Pvt. Ltd., Deputy Commissioner Of Income 419, Swastik Chambers, Chembur, Vs. Tax Cc-7(1), Mumbai-400071. Room No. 653, Aayakar Bhavan, M.K. Road, Mumbai-400020. Pan No. Aadcs 9080 J Appellant Respondent Assessment Year: 2014-15 M/S Saf Yeast Co. Pvt. Ltd., Deputy Commissioner Of Income 419, Swastik Chambers, Chembur, Vs. Tax Cc-7(1), Mumbai-400071. Room No. 653, Aayakar Bhavan, M.K. Road, Mumbai-400020. Pan No. Aadcs 9080 J Appellant Respondent

For Respondent: Mr. Hemant Chimanlal Leuwa, DR
Section 80I

submissions of the assessee, the Assessing Officer observed that the assessee can claim the relief of ₹34,52,000/-only by filing the revised return of Income. Since the assessee has not filed revised return of income the same cannot be entertained at this stage. 7. Aggrieved with the above ... considering the submissions of the assessee, the Ld. CIT(A) observed that AO has not considered the claim for the reason that no revised return was filed to make this claim and hence the same was not allowable. Further, the Ld. CIT(A) observed that it is evident that

DCIT CC 4(2), Mumbai vs. K Raheja Copr Pvt Ltd, Mumbai

ITA 4085/MUM/2019[2015-16]Status: DisposedITAT Mumbai25 Oct 2021AY 2015-16

Bench: Shri S. Rifaur Rahman & Shri Ravish Soodk. Raheja Corporate Services Acit-14(2)(1), Room No. 432, 4Th Floor, Pvt. Ltd., Plot No. C-30, G- Block, Opp. Sidbi, Bkc, Aayakar Bhavan, M.K. Bandra, Mumbai-400 051 Road, Mumbai-400 020. Vs. Pan: Aabcn 9309B Appellant Respondent K. Raheja Corporate Pvt. Ltd., Dcit- Central Circle 4(2), Room No. 1918, 19Th Plot No. C-30, G-Block, Opp. Sidbi, Bkc, Bandra – (E), Floor, Air India Building, Mumbai-400 051 Nariman Point, Mumbai- Vs. 400 021. Pan: Aaacp0522B Appellant Respondent Dcit, Central Circle - M/S K. Raheja Corp. Pvt. (2)(1), Central Range -4 Ltd., Plot No. C-30, Block -G, Pr.Cit (C)-2 Bkc, Bandra (Eest), Room No. 1918, 19Th Mumbai-400 051 Vs. Floor, Air India Building, Pan: Aaacp0522B Nariman Point, Mumbai-400 021. Appellant Respondent Appellant By : Shri. Madhur Aggrawal (Ar) Revenue By : Shri. Shiddaramappa (Dr) Date Of Hearing : 12.10.2021 Date Of Pronouncement: 25.10.2021

For Appellant: Shri. Madhur Aggrawal (AR)For Respondent: Shri. Shiddaramappa (DR)
Section 143(3)Section 144ASection 14A

normal provisions and “Book Profit” of Rs. 57,40,39,755/ under section 115JB of the Act. Subsequently, the assessee company filed a revised return of income on 30.03.2017, declaring an income of Rs. 43,98,18,510/-. Thereafter, the case of the assessee was selected for scrutiny assessment under ... from Business & Profession”, and not under the head “Income from House Property”. It was submitted by ld. A.R that after the filing of the revised return of income by the assessee company, the CBDT vide its Circular No. 16 of 2017, dated K. Raheja Corporate Services Pvt. Ltd. Vs. ACIT

K. Raheja Corporate Services P.Ltd, Mumbai vs. ACIT 14(2)(1), Mumbai

ITA 7109/MUM/2018[2012-13]Status: DisposedITAT Mumbai25 Oct 2021AY 2012-13

Bench: Shri S. Rifaur Rahman & Shri Ravish Soodk. Raheja Corporate Services Acit-14(2)(1), Room No. 432, 4Th Floor, Pvt. Ltd., Plot No. C-30, G- Block, Opp. Sidbi, Bkc, Aayakar Bhavan, M.K. Bandra, Mumbai-400 051 Road, Mumbai-400 020. Vs. Pan: Aabcn 9309B Appellant Respondent K. Raheja Corporate Pvt. Ltd., Dcit- Central Circle 4(2), Room No. 1918, 19Th Plot No. C-30, G-Block, Opp. Sidbi, Bkc, Bandra – (E), Floor, Air India Building, Mumbai-400 051 Nariman Point, Mumbai- Vs. 400 021. Pan: Aaacp0522B Appellant Respondent Dcit, Central Circle - M/S K. Raheja Corp. Pvt. (2)(1), Central Range -4 Ltd., Plot No. C-30, Block -G, Pr.Cit (C)-2 Bkc, Bandra (Eest), Room No. 1918, 19Th Mumbai-400 051 Vs. Floor, Air India Building, Pan: Aaacp0522B Nariman Point, Mumbai-400 021. Appellant Respondent Appellant By : Shri. Madhur Aggrawal (Ar) Revenue By : Shri. Shiddaramappa (Dr) Date Of Hearing : 12.10.2021 Date Of Pronouncement: 25.10.2021

For Appellant: Shri. Madhur Aggrawal (AR)For Respondent: Shri. Shiddaramappa (DR)
Section 143(3)Section 144ASection 14A

normal provisions and “Book Profit” of Rs. 57,40,39,755/ under section 115JB of the Act. Subsequently, the assessee company filed a revised return of income on 30.03.2017, declaring an income of Rs. 43,98,18,510/-. Thereafter, the case of the assessee was selected for scrutiny assessment under ... from Business & Profession”, and not under the head “Income from House Property”. It was submitted by ld. A.R that after the filing of the revised return of income by the assessee company, the CBDT vide its Circular No. 16 of 2017, dated K. Raheja Corporate Services Pvt. Ltd. Vs. ACIT