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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

ACIT, Sambalpur vs. M/S Mahanadi Coalfields Ltd, Sambalpur

In the result, the appeal is allowed

ITA 396/CTK/2013[2008-09]Status: DisposedITAT Cuttack09 Oct 2017AY 2008-09

Bench: Shri N.S.Saini, Am & Shri Pavan Kumar Gadale, Jm आयकर अपील सं./Ita No.396/Ctk/2013 (धनधाारण वषा / Assessment Year :2008-2009) Acit, Circle-2(1), Sambalpur Vs. M/S Mahanadi Coalfields Ltd., Jagriti Vihar, Burla, Sambalpur स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No. : Aabcm 5188 P (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. राजस्व की ओर से /Revenue By : Shri Kunal Singh, Citdr निर्ााररती की ओर से /Assessee By : Shri S.S.Poddar/N.Kedia, Ar सुनवाई की तारीख / Date Of Hearing : 04/10/2017 घोषणा की तारीख/Date Of Pronouncement 09/10/2017 आदेश / O R D E R Per Shri Pavan Kumar Gadale, Jm: The Revenue Has Filed An Appeal Against The Order Of Cit(A), Cuttack, In Appeal No.0403/2012-13, Dated 23.05.2013, Passed U/S.147/143(3)/250 Of The Income Tax Act, 1961 For The Assessment Year 2008-2009, Wherein The Revenue Has Raised The Following Grounds :- 1. Whether The Learned First Appellate Authority Was Justified In Relying On Writ Cases Ignoring The Fact That Specific Findings In Writ-Petitions Can Not Be Straightaway Applied To Other Cases. 2. Whether The Learned Appellate Authority Was Justified To Hold That There Is Change In Opinion Of The Assessing Officer Regarding Admissibility / Inadmissibility Of Expenditure While Proceeding U/S.147 Of The 1.T. Act,1961 As Compared To His Findings In The Original Assessment Order. 3. Whether The Ld. First Appellate Authority Was Justified To Delete The Disallowance Of Rs.696.10 Lakhs Made By The Assessing Officer Towards 'Prior Period Expenses', Totally Ignoring The Findings Of The Assessing Officer. 4. Whether The Learned First Appellate Authority Was Justified To Delete The Disallowance Of Rs.631.34 Lakhs Made By The Assessing Officer Towards `Unpaid Statutory Liability' Under Section 43B Of The I.T. Act,1961, Totally Ignoring The Findings Of The Assessing Officer.

For Appellant: Shri S.S.Poddar/N.Kedia, ARFor Respondent: Shri Kunal Singh, CITDR
Section 147Section 148Section 40Section 43B

filed the return of income electronically for the assessment year 2008-2009 on 16.10.2008 with total income of Rs.239418.18 lacs and also filed revised return of income on 26.05.2009 disclosing taxable income at Rs.238828.18 lakhs and the assessment was completed assessing total income of Rs.297836.50 lakhs. The AO on perusal

ITO 2(1)(1), Mumbai vs. Central; Bank of India, Mumbai

Appeal stands dismissed

ITA 910/MUM/2011[2003-04]Status: DisposedITAT Mumbai04 Oct 2017AY 2003-04

Bench: Shri Saktijit Dey, Jm & Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./I.T.A. No.8581/Mum/2010 (िनधा"रण वष" / Assessment Year: 1999-2000) Deputy Commissioner Of Central Bank Of India Income Tax 2(1) Central Office बनाम/ Central Accounts Deptt. Aaykar Bhavan Vs. Chandermukhi, 4Th Floor Room No. 575, 5Th Floor Nariman Point, Mumbai-400 021 M.K.Road, Mumbai-400 020 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaacc-2498-P (अपीलाथ" /Appellant) (""थ" / Respondent) : & C.O. No. 153/2012 [Arising Out Of Ita No.8581/Mum/2010 (िनधा"रण वष" / Assessment Year: 1999-2000) Central Bank Of India Deputy Commissioner Of Central Office Income Tax 2(1) बनाम/ Central Accounts Deptt. Aaykar Bhavan Chandermukhi, 4Th Floor Room No. 575, 5Th Floor Vs. Nariman Point, Mumbai-400 021 M.K.Road, Mumbai-400 020 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaacc-2498-P (अपीलाथ" /Appellant) (""थ" / Respondent) : &

Section 115JSection 143(3)Section 147

Assessment Years-1999-2000, 2002-03, 2003-04 provisions as against returned loss of Rs.126.25 crores filed by the assessee on 29/03/2001 as per revised return of income. The book profits within the meaning of Section 115JA has been computed at Rs.48.90 crores as against book loss of Rs.152.72 crores ... claimed refund of Rs.131.75 crores as per original return of income filed on 31/10/2002. The refund has been revised upwardly to Rs.134.28 crores in revised return of income filed on 26/03/2004. In the meantime, refund has been determined / granted as per intimation u/s 143(1) dated 25/07/2003 at Rs.145.75 crores