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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

DCIT-1(1)(1), Mumbai vs. M/S Blue Stat Engineering and Electronic Ltd., Mumbai

In the result, the appeal filed by the assessee is hereby partly allowed and the appeal filed by the revenue is hereby dismissed

ITA 694/MUM/2019[2014-15]Status: DisposedITAT Mumbai07 Jun 2021AY 2014-15

Bench: Shri Pramod Kumar, Vp & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 694/Mum/2019 (निर्धारण वर्ा / Assessment Year:2014-15) Dcit-1(1)(1) बिधम/ M/S. Blue Star Engineering Room No.533/579, 5Th Floor, (Formerly Known As Blue Vs. Aayakar Bhawan, M. K. Star Electro Mechanical Road, Mumbai-400020. Ltd.) Ground Floor, Kasturi Building Jamshedji Tata Road, Mohan. T. Advani Chowk, Mumbai-400020. आयकर अपील सं/ I.T.A. No. 149/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2014-15) M/S. Blue Star Engineering बिधम/ Dcit-1(1)(1) Room No.533/579, 5Th Floor, (Formerly Known As Blue Vs. Star Electro Mechanical Ltd.) Aayakar Bhawan, M. K. Ground Floor, Kasturi Road, Mumbai-400020. Building Jamshedji Tata Road, Mohan. T. Advani Chowk, Mumbai-400020. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaecb1558M (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Niraj Sheth Revenue By: Shri Tharian Oommen (Dr) सुनवाई की तारीख / Date Of Hearing: 16/03/2021 घोषणा की तारीख /Date Of Pronouncement: 07/06/2021 आदेश / O R D E R Per Amarjit Singh (Jm): The Assessee As Well As Revenue Have Filed The Above Mentioned Appeals Against The Order Dated 06.11.2018 Passed By The Commissioner Of Income Tax (Appeals) -02, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y. 2014-15. 694/M/2019 A.Y. 2014-15

For Appellant: Shri Niraj ShethFor Respondent: Shri Tharian Oommen (DR)
Section 115JSection 28Section 36(1)(vii)Section 36(2)

after referred to as the Act) other than Section 115JB of the Act was worked out at Rs.(-) 20,24,92,408/-. A revised return was filed on 30.03.2016 at a loss of Rs.16,85,14,222/- under normal provisions and at loss of Rs.227,72,858/- under MAT provisions

ACIT Circle-16(1), Mumbai vs. M/S Tata Sky Ltd., Mumbai

In the result, the appeal filed by the revenue is dismissed

ITA 6297/MUM/2019[2007-08]Status: DisposedITAT Mumbai31 May 2021AY 2007-08

Bench: Shri Shamim Yahya & Shri Pavan Kumar Gadaleacit, Circle – 16(1) Vs. M/S. Tata Sky Ltd., R.No. 439, 4Th Floor, 3Rd Floor, C1 Wadia Aayakar Bhavan, Mk International Centre, Road, Mumbai – Worli, Mumbai – 400020. 400025. Pan/Gir No. : Aagcs9294M Appellant .. Respondent Appellant By : Shri Shishir Dhamija Cit Dr Respondent By : Shri J.D. Mistry. Ar Date Of Hearing 03.05.2021 Date Of Pronouncement 24.05.2021 आदेश / O R D E R Per Pavan Kumar Gadale, Jm: The Appeal Is Filed By The Revenue Against The Order Of The Commissioner Of Income Tax (Appeals) -4 Mumbai, Passed U/S. 143(3) R.W.S 147 & 250 Of The Income Tax Act, 1961. The Revenue Has Raised The Following Grounds Of Appeal:

For Appellant: Shri Shishir Dhamija CIT DRFor Respondent: Shri J.D. Mistry. AR
Section 142(1)Section 143(1)Section 143(3)Section 148Section 14ASection 194HSection 40

return M/s. TATA Sky Ltd., Mumbai of income on 30.10.2007 declaring a total loss of Rs. 804,51,45,773/- and also filed revised return of income on 26.08.2008 with Total loss of Rs.805,36,36,98,514/- and the return of income was processed ... income has escaped assessment and issued notice u/s 148 of the Act. The assessee has filed a letter dated 18.04.2012 to treat the revised return of income filed on 26.08.2008 as due compliance to notice u/s 148 of the Act and also filed a letter dated 04.04.2012 requesting to provide