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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

Smt. Punita Lal, Gurgaon vs. ACIT, New Delhi

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

ITA 6121/DEL/2015[2011-12]Status: DisposedITAT Delhi19 Apr 2016AY 2011-12

Bench: Smt. Diva Singh & Sh. O.P. Kantassessment Year: 2011-12 Smt. Punita Lal, 909B, The Aralias Vs. Asstt. Commissioner Of Income Tax, Range-47, 3Rd Floor, Block-B, Civic Dlf, Golf Links, Gurgaon Centre, Minto Road, New Delhi. Pan : Abqpl3616A (Appellant) (Respondent) Appellant By Mr. Rupesh Jain, Advocate & Ms. Shaily Gupta, Ca Respondent By Sh. P. Dam Kanunjna, Sr.Dr Date Of Hearing 08.03.2016 Date Of Pronouncement 19.04.2016 Order Per O.P. Kant, A.M.: This Appeal Of The Assessee Is Directed Against Order Dated 24/09/2015 Of Learned Commissioner Of Income-Tax(Appeals) For Assessment Year 2011-12 Confirming The Penalty, Levied Under Section 271(1)(C) Of The Income-Tax Act, 1961 (For Short “The Act”) By The Assessing Officer. The Grounds Of Appeal Raised By The Assessee Are As Under: 1. That The Commissioner Of Income Tax(Appeals) Erred On Facts & In Law In Not Holding That The Impugned Order Dated 24.07.2014 Levying Penalty Of Rs. 18,35,000/- Under Section 271(1)(C) Of The Income Tax Act, 1961 (‘The Act’) Is Without Jurisdiction, Bad In Law & Void-Ab-Initio. 1.1 That The Commissioner Of Income Tax(Appeals) Erred On Facts & In Law In Not Appreciating That The Impugned Penalty Order Was Passed Without Recording Proper Satisfaction In The Assessment

Section 143(2)Section 143(3)Section 271(1)(c)

case was taken up for scrutiny. Further, he submitted that since the return was filed 4 AY: 2011-12 belated, the assessee could not revise return of income but paid the differential taxes of Rs. 1,29,430/- on 16/03/2012 and Rs. 1,870/- on 02/02/2012 and the balance ... fault of the assessee in not including the income in the return of income and that was for the reason of inability to file revised return due to technical reasons that a belated return cannot be revised and assessee was not having any intention to conceal the income considering

M/S Unitech Ltd., New Delhi vs. Addl. CIT, New Delhi

In the result, assessee’s appeals is allowed and revenue’s appeal is dismissed

ITA 5180/DEL/2013[2009-10]Status: DisposedITAT Delhi08 Apr 2016AY 2009-10

Bench: Shri I.C. Sudhir & Shri L.P. Sahu Assessment Year: 2009-10 M/S. Unitech Ltd., Vs. Additional Cit, 6-Community Centre, Range-18, Saket, New Delhi-1100 17 New Delhi. (Pan: Aaacu1482H) (Appellant) (Respondent) Assessment Year: 2009-10 Additional Cit, Vs. M/S. Unitech Ltd., Range-18, 6-Community Centre, New Delhi. Saket, New Delhi (Pan: Aaacu1482H) (Appellant) (Respondent) Assessee By: S/Shri Salil Aggarwal, Adv., Gautam And, Ca & Shjalesh Gupta, Ca Department By: S/Shri Dilip Shivpuri & Ruchir Bhatia, Government Standing Counsels Date Of Hearing : 12 .01.2016 Date Of Pronouncement: 08 :04.2016 Order Per I.C. Sudhir:These Cross Appeals Preferred By Assessee & Revenue Are Directed Against The Order Of Learned Cit(A)-Xxi, New Delhi Dated 16.8.2013 & Relate To Assessment Year 2009-10. 2. The Appellant-Assessee Is A Public Limited Company Engaged In The Business Of Construction & Development Of Real Estate Projects. For The Assessment Year Under Consideration, It Filed A Return Declaring An Income Of Rs. 922,30,17,671/- On 29.9.2009, Which Came To Be Assessed At An Income Of Rs. 3361,18,87,560/- In An Order Dated 1.8.2012 Under Section 143(3) Of The Act. On Appeal, Learned Cit(A) Granted Part Relief To The Appellant & Hence The Appeals Before Us.

For Appellant: S/Shri Salil Aggarwal, Adv., Gautam and, CA and Shjalesh Gupta, CAFor Respondent: S/Shri Dilip Shivpuri & Ruchir Bhatia
Section 142Section 143(3)Section 45Section 48

which the income was first assessable; or b) one year from the end of the financial year in which a return or a revised return relating to the assessment year, is filed under sub section (4) or sub-section (5) of section 139 whichever is later:] Provided that in case