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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

M/S. Pearl Polymers Ltd., New Delhi vs. DCIT, New Delhi

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

ITA 6165/DEL/2013[2009-10]Status: DisposedITAT Delhi18 Nov 2016AY 2009-10

Bench: Sh. H.S. Sidhu & Sh. O.P. Kantassessment Year: 2009-10 Vs. Deputy M/S. Pearl Polymers Ltd., 204, Commissioner Of Rohit House, 3, Tolstoy Marg, Income Tax, Circle-14(1), New New Delhi Delhi Pan : Aaacp0182F (Appellant) (Respondent) Appellant By Sh. R.K. Kapoor, Ca Respondent By Sh. F.R. Meena, Sr.Dr Date Of Hearing 24.08.2016 Date Of Pronouncement 18.11.2016 Order Per O.P. Kant, A.M.: This Appeal By The Assessee Is Directed Against Order Dated 23/09/2013 Passed By The Learned Commissioner Of Income Tax (Appeals)-Xvii, Laxmi Nagar, Delhi For Assessment Year 2009-10 Raising Following Grounds: “1.0 That The Learned Cit(A) Has Grossly Erred In Law & On Facts & In The Circumstances Of The Appellant’S Case In Confirming The Disallowance Of Rs.4.45.076/- U/S.40A(3Ijof The Income-Tax Act, On Wholly Untenable Grounds. 1.1 That The Learned Cit(A) Has Failed To Appreciate The Circumstances Under Which The Cash Payment Exceeding The Prescribed Limit U/S.40A(3) Had To Be Made By The Assessee, Although The Payees Were Fully Identified & Even Tds Has Been Made. 1.2 That The Disallowance Made U/S.40A(3) Is Bad In Law.

Section 115Section 115JSection 143(2)Section 143(3)Section 14ASection 40ASection 40A(3)

bottles and filed return of income for the year under consideration on 26/09/2009 declaring nil income, which was subsequently revised on 29/03/2011. In the revised return, income in respect of the year was declared at Rs.2,36,71,703/-, however, 3 AY: 2009-10 after adjusting brought forward losses, total

Late Suresh Parekh Through Legal Heir, Mumbai vs. ITO 13(3)(1), Mumbai

Appeal is allowed for statistical purposes

ITA 6123/MUM/2014[2010-11]Status: DisposedITAT Mumbai16 Nov 2016AY 2010-11

Bench: Shri Saktijit Dey, Jm & Shri Manoj Kumar Aggarwal, Am आमकय अऩीर सं./I.T.A. No. 6123/Mum/2014 (नििाारण वषा / Assessment Year: 2010-11) Late Suresh Parekh Income Tax Officer Ward -13 (3) (1), 4Th Floor, Through Legal Heir Smt. Bhavna Suresh Parekh (Wife) Aayakar Bhavan, बिाम/ C/O. B. M. Parekh & Co., Mumbai Vs. Chartered Accountants, 3/203, Navjivan Society, Lamington Road, Mumbai 400 008 स्थामी रेखा सं./जीआइआय सं ./Pan/Gir No. Aawpp 6687L (अऩीराथी /Appellant) (प्रत्मथी / Respondent) : अऩीराथी की ओय से / Appellant By : None प्रत्मथी की ओय से/Respondent By : Shri Shrikant Namdeo, Dr सुनवाई की िायीख / : 16/11/2016 Date Of Hearing घोषणा की िायीख / : 16 /11/2016 Date Of Pronouncement आदेश / O R D E R Per Manoj Kumar Aggarwal () 1. The Captioned Appeal By Legal Heir Of The Assessee For Assessment Year [Ay] 2010-11 Assails The Order Of The Commissioner Of Income Tax (Appeals)-24 [Cit(A)], Mumbai Dated 07/07/2014 On The Following Four Effective Grounds:-

For Appellant: NoneFor Respondent: Shri Shrikant Namdeo, DR
Section 143(3)Section 54Section 54F

Sections 54/54F against LTCG but the same was rejected on the ground that new / additional claims can be made only by way of filing revised return of income and not by way of filing of revised computation of income during assessment proceedings. Thereupon, AO completed the assessment after adding Rs.45 ... that AO has rejected the same on the ground that the same could be available to the assessee only by way of filing of revised return and not otherwise. Therefore, he had no occasion to consider the claim of assessee on merits and therefore, we deem it fit to restore