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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

Binary Semantics Ltd., Gurgaon vs. ACIT, New Delhi

ITA 5773/DEL/2014[2011-12]Status: DisposedITAT Delhi11 Dec 2015AY 2011-12

Bench: Smt. Diva Singh & Sh. O.P. Kantassessment Year: 2011-12 Binary Semantics Ltd., Vs. Acit, Circle-3(1), Plot No. 38, Sector-18, New Delhi Electronic City, Gurgaon (Pan: Aaacb0652N) (Appellant) (Respondent) Appellant By : Sh. Sanjay Kalra, Ca Respondent By : Sh. Yatendra Singh, Dr Date Of Hearing: 16.11.2015 Date Of Pronouncement: 11.12.2015 Order Per O.P. Kant, A.M.: The Present Appeal By The Assessee Is Directed Against The Order Dated 23.09.2014 Of Cit(A)-Vi, New Delhi, For The Assessment Year 2011-12, Raising Following Grounds Of Appeal: 1. That On Facts & In Law The Orders Passed By The A.O. & Confirmed By The Commissioner Of Income Tax(Appeals) (Hereinafter Referred To As “Cit(A)”) Are Bad In Law & Void Ab-Initio. 2. The Addition Made By The Ao & Confirmed By Cit(A) In Book Profit Of The Interest Received On Tax Refund Of Rs. 2,50,737/- Is Incorrect As Interest For The Year 2010-11 (Up To The Date Of Receipt Of Refund) Was Already Included In Income Of The Company. The Addition Is Arbitrary, Unlawful & Against Facts. 3. The Appellant Prays For Leave To Add, Alter, Amend Or Withdraw From Any Of The Grounds Of Appeal At Or Before The Time Of Hearing.

For Appellant: Sh. Sanjay Kalra, CAFor Respondent: Sh. Yatendra Singh, DR
Section 115J

hearing. 2 AY:2011-12 2. The facts in brief as culled out from the orders of the lower authorities are that in the revised return of income filed, the assessee declared loss of Rs. 15,32,790/- as per normal provisions of the Income Tax Act, 1961 (hereinafter referred

ITO 25(3)(2), Mumbai vs. Jewel Enterprises, Mumbai

In the result, all appeals of assessee are allowed for statistical purposes

ITA 3585/MUM/2013[2009-10]Status: DisposedITAT Mumbai09 Dec 2015AY 2009-10

Bench: Shri R.C.Sharma, Am & Shri Amarjit Singh, Jm आमकय अऩीर सं./Ita Nos.5989 & 5990 & 2992/Mum/2011 (नििाारण वषा / Assessment Years :2002-03 To 2004-05) Pundlik Laxman Masane, Plot Vs. Ito Ward-26(1)(1), No.35, Mahavir Society, Charni Road, Mumbai Malegaon Road, Dhule-424001 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Ablpm 5522 B (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. ननधाारयती की ओर से /Assessee By : Shri Keshav Bhujle याजस्व की ओर से /Revenue By : Shri Ajay Modi सुनवाई की तायीख / Date Of Hearing : 29/09/2015 घोषणा की तायीख/Date Of Pronouncement 04/12/2015 आदेश / O R D E R Per R.C.Sharma (A.M): These Are The Appeals Filed By The Assessee Against The Order Of Cit(A), Dated 14-3-2011, For The Assessment Year 2002-03 To 2004-05, In The Matter Of Order Passed U/S.144 R.W.S.147 Of The I.T.Act, By Ito- 26(1)(1), Mumbai. 2. In All These Appeals, The Assessee Had Challenged The Jurisdiction Of Ao-26(1)(1), Who Had Passed Order U/S.144 R.W.S.147 Of I.T. Act. 3. Rival Contentions Have Been Heard & Record Perused. From The Record We Found That Jurisdiction Of The Assessee’S Case For All These Years Lies With The Ito, Dhule, Where He Resides, Having Salary Income Received At Dhule Since Many Years From Bharat Petroleum Corporation. The Assessee Was Also Regularly Filing His Return At Dhule. Thus, The Cit/Ccit Nasik Had The Jurisdiction Over Dhule Area. However, The Cit-26, Mumbai

For Appellant: Shri Keshav BhujleFor Respondent: Shri Ajay Modi
Section 127(2)Section 144

direct the AO/ITO- 26(1)(1) to transfer all these files to the ITO Dhule for deciding all the appeals afresh by considering the revised return filed by the assessee at ITO, Dhule. We direct accordingly. 4. In the result, all appeals of assessee are allowed for statistical purposes. Order

ITO 25(1)(2), Mumbai vs. Amarjeet B Yadav, Mumbai

In the result, appeal filed by Revenue is dismissed

ITA 3322/MUM/2014[2009-10]Status: DisposedITAT Mumbai24 Nov 2015AY 2009-10

Bench: Shri Shailendra Kumar Yadav, Jm & Shri Rajesh Kumar, Am आयकर अपील सं./Ita No. 3322/Mum/2014 (िनधा"रण वष"/Assessment Year: 2009-10) Income Tax Officer-25(1)(2) Room No. 204, C-11, Pratyaksh अपीलाथ#/Appellant Kar Bhavan, Bandra Kurla Complex Bandra (E), Mumbai 400051 बनाम/ Vs. Shri Amarjeet B. Yadav 13-A, Shakti Tower, Shakti Nagar $%यथ#/Respondent C.S. Road No. 4, Dahisar (E) Mumbai 400068 "थायी लेखा सं./Pan - Aappy9548L Shri Satya Pal Kumar अपीलाथ# क& ओर से / Appellant By: None $%यथ# क& ओर से/ Respondent By: सुनवाई क& तारीख /Date Of Hearing : 04.11.2015 घोषणा क& तारीख/Date Of Pronouncement : 24.11.2015 आदेश / O R D E R Per Shailendra Kumar Yadav, Jm This Appeal Has Been Filed By Revenue Against The Order Of Cit(A) On Following Grounds: -

For Appellant: None
Section 139Section 44A

shown gross, receipts of `9,05,244/- and against this he declared profit of `3,28,598/- and TDS of `12,224/-. In the revised return assessee has further claimed TDS of `51,294/- and gross receipts have been declared at `19,88,089/-. In view of this Assessee ... receipts should not be treated as receipts not offered to tax. The stand of assessee in this regard has been that he had filed revised return in that gross receipt of `30,50,412/- and net profit is `3,28,598/- which is 10% of total turnover of the above