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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.

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.

Pr. CIT v. Ankit Metal & Power Ltd.
109 Taxmann.com 93 · 2019 · High Court
77
citing judgments

The Income Tax Appellate Tribunal (ITAT) has the power under Section 254 to entertain a claim for deduction not made in the original return of income or a revised return filed before the Assessing Officer.

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

Kasturlal Sheth, Mumbai vs. Joint Commissioner of Income Tax-17(2), Mumbai

In the result, the appeals filed by the assessee are hereby ordered to be allowed

ITA 4463/MUM/2018[1997-98]Status: DisposedITAT Mumbai27 Nov 2019AY 1997-98

Bench: Shri Rajesh Kumar, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. Nos. 4463 To 4466/Mum/2018 (निर्धारण वर्ा / Assessment Years: 1997-98 To 2001-02) बिधम/ Kasturlal Sheth Joint Commissioner Of 12, Shreyas, 2Nd Floor, Income Tax-17(2) Vs. Opposite, Air India Building, Aayakar Bhavan, Mumbai. Nariman Point, Mumbai- 400020. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aagps7531Q (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Rakesh Jotwani (Ar) Revenue By: Mrs. (Dr) सुनवाई की तारीख / Date Of Hearing: 20/11/2019 घोषणा की तारीख /Date Of Pronouncement: 27/11/2019 आदेश / O R D E R Per Bench: The Assessee Has Filed The Above Mentioned Appeals Against The Order Passed By The Commissioner Of Income Tax (Appeals)-57, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Ys. 1997-98 To 2001-02 In Which The Penalty Levied By The Ao Has Been Ordered To Be Confirmed.

For Appellant: Shri Rakesh Jotwani (AR)For Respondent: Mrs. (DR)
Section 142(1)Section 143(2)Section 147Section 271Section 271(1)(c)Section 68

issued and assessment was completed on 23.02.2015. The assessee replied that he had paid taxes and filing the revised return of income. Notice u/s 142(1) of the Act was issued to assessee to show cause as to why an amount of USD $10,000/- deposited by assessee in HSBC ... bank should not be taxed in the relevant assessment years. The assessee again filed the reply attaching the copy of revised return of ITA. No4463 to 4466/M/2018 A.Y. 1997-98 to 2001-02 income in which it was stated that the additional income in sum of Rs.3

Spectra Solutions, Mumbai vs. Income Tax Officer, Ward 22(3)(4), Mumbai

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

ITA 473/MUM/2018[2009-10]Status: DisposedITAT Mumbai26 Nov 2019AY 2009-10

Bench: Shri Rajesh Kumar, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 473/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2009-10) M/S. Spectra Solutions बिधम/ Ito Ward-22(3)(4) Room No.304, 4Th Floor, New Satguru Nanik Vs. Industrial Estate Gala No.1, Piramal Chamber, Lalbaug, Jay Coach Naka, New Mumbai-400012. Western Express Highway, Goregaon (E), Mumbai- 400053. आयकर अपील सं/ I.T.A. No. 35/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2009-10) बिधम/ Ito Ward-22(3)(4) M/S. Spectra Solutions Room No.304, 4Th Floor, New Satguru Nanik Vs. Piramal Chamber, Lalbaug, Industrial Estate Gala No.1, Mumbai-400012. Jay Coach Naka, New Western Express Highway, Goregaon (E), Mumbai- 400053. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aanfm8588J (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Dinkle Hariya Revenue By: Shri V. Vinod Kumar सुनवाई की तारीख / Date Of Hearing: 08/11/2019 घोषणा की तारीख /Date Of Pronouncement: 26/11/2019 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee As Well As Revenue Has Filed The Above Mentioned Appeals Against The Order Dated 13.10.2017 Passed By The Commissioner Of

For Appellant: Shri Dinkle HariyaFor Respondent: Shri V. Vinod Kumar
Section 143(1)Section 147Section 69C

case of the assessee was reopened u/s 147/148 of the Act. In reply to the notice, the assessee has filed the revised return of income on 17.04.2014 declaring total income to the tune of Rs.3,88,977/-. The case of the assessee was reopened on the basis of information received

Sara Lee Ttk Ltd ( Now Amalgamated Into Godrej Consumer Products Ltd), Mumbai vs. Asst CIT RG 10(2), Mumbai

The appeal stands partly allowed in terms of our above order

ITA 7760/MUM/2012[2008-09]Status: DisposedITAT Mumbai25 Nov 2019AY 2008-09

Bench: Hon’Ble Shri Mahavir Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ I.T.A. No.7760/Mum/2012 (िनधा"रण वष" / Assessment Year:2008-09) Sara Lee Ttk Ltd. Addl. Cit-Range 10(2) (Now Amalgamated Into Godrej Aaykar Bhavan Consumer Products Ltd.) M.K.Road बनाम/ Kalyaniwalla & Mistry Mumbai-400 020. Vs. 3Rd Floor, Army & Navy Building 148, M.G. Road, Fort Mumbai-400 001. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaack-2416-M (अपीलाथ"/Appellant) (""थ" / Respondent) : Appellant By : Shri Farrukh Irani- Ld. Ar Respondent By : Shri Pawan Kumar Beerla - Ld.Dr सुनवाई की तारीख/ : 12/09/2019 Date Of Hearing घोषणा की तारीख / : 25/11/2019 Date Of Pronouncement आदेश / O R D E R

For Appellant: Shri Farrukh Irani- Ld. ARFor Respondent: Shri Pawan Kumar Beerla - Ld.DR
Section 143(3)Section 144C(5)Section 92C

assessee in the final assessment order has been determined at Rs.724.42 Lacs after certain Transfer Pricing (TP) Adjustment of Rs.340.60 Lacs as against revised returned income of Rs.386.33 Lacs filed by the assessee on 20/01/2010. The grounds raised by the assessee read as under: - 1) The learned Dispute Resolution Panel