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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

Express Infrastructure Pvt. Ltd., Chennai vs. DCIT, Chennai

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

ITA 930/CHNY/2017[2009-10]Status: DisposedITAT Chennai18 Jun 2018AY 2009-10

Bench: Shri A. Mohan Alankamony & Shri Duvvuru Rl Reddyआयकर अपील सं./I.T.A.No.930/Chny/2017 "नधा"रण वष"/Assessment Year:2009-10 M/S. Express Infrastructures Pvt. Ltd., The Deputy Commissioner Of Express Estates, No. 2, Club House Vs. Income Tax, Road, Mount Road, Chennai 600 002. Company Circle Ii(1), [Pan: Aabce5521G] Chennai. (अपीलाथ" /Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से / Appellant By : Shri G. Baskar, Advocate ""यथ" क" ओर से/Respondent By : Ms. Sandhya Rani, Jcit सुनवाई क" तार"ख/ Date Of Hearing : 03.05.2018 घोषणा क" तार"ख /Date Of Pronouncement : 13.06.2018 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 9, Chennai Dated 30.12.2016 Relevant To The Assessment Year 2009-10. The Only Effective Ground Raised In The Appeal Of The Assessee Is That The Ld. Cit(A) Has Erred In Holding That The Interest Receipt Of ₹.62,77,671/- Is Income & Is To Be Assessed As Income From Other Sources.

For Appellant: Shri G. Baskar, AdvocateFor Respondent: Ms. Sandhya Rani, JCIT
Section 143(3)

developing and maintenance of commercial complex and filed its return on 30.09.2009 declaring an income of ₹.2,98,060/-. The assessee filed a revised return on 28.09.2010. The Assessing Officer completed the assessment under section 143(3) of the Income Tax Act, 1961 [“Act” in short] assessing the total income

M/S. Nidhi Packers Private Ltd., Kolkata vs. ITO, Ward - 1(4), Kolkata

In the result, the appeal of the assessee is treated as allowed for statistical purpose

ITA 2460/KOL/2017[2010-11]Status: DisposedITAT Kolkata15 Jun 2018AY 2010-11

Bench: Shri P.M. Jagtap, Am] I.T.A. No. 2460/Kol/2017 Assessment Year: 2010-11 M/S. Nidhi Packers Pvt. Ltd...................................………………………………………........Appellant C/O. Salarpuria Jajodia & Co. 7, C.R. Avenue, Kolkata – 700 072. [Pan: Aabcn 6585 F] Ito, Ward 1(4) Kolkata...................……………………………………………....................Respondent Aayakar Bhawan, 3Rd Floor, P-7, Chowringhee Square, Kolkata – 700 069. Appearances By: Shri S. Jhajharia, Ar Appearing On Behalf Of The Assessee. Shri Robin Choudhury, Addl. Cit Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : May 28, 2018 Date Of Pronouncing The Order : June 15, 2018 Order This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit (Appeals) – 2, Kolkata Dated 21.08.2017. 2. The Assessee In The Present Case Is A Company Which Is Engaged In The Business Of Manufacturing & Cultivation Of Tea. The Return Of Income For The Year Under Consideration Was Originally Filed By It On 11.10.2010 Declaring A Total Income Of Rs. 2,06,895/- After Claiming Deduction Of Rs. 29,60,906/- U/S 80Ie Of The Act. Subsequently A Revised Return Was Filed By The Assessee On 16.03.2011 Declaring A Total Income Of Rs. 2,06,894/- After Claiming Deduction Of Rs. 33,88,317/- U/S 80Ie Of The Act. In The Assessment Completed U/S 143(3) Vide An Order Dated 14.03.2013, The Total Income Of The Assessee Was Computed By The Ao At Rs. 2,06,895/- As Declared In The Return Of Income Originally Filed. In The Income Tax Computation Form

Section 143(3)Section 234ASection 80I

declaring a total income of Rs. 2,06,895/- after claiming deduction of Rs. 29,60,906/- u/s 80IE of the Act. Subsequently a revised return was filed by the assessee on 16.03.2011 declaring a total income of Rs. 2,06,894/- after claiming deduction ... payable as per income tax computation form. It was also contended on behalf of the assessee before the Ld. CIT(A) that the revised return of income filed by it was not considered by the AO. Even the interest charged by the AO under section 234A, 234B and 234C