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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.

Madhya Pradesh in Commissioner of Income Tax v. Suresh Chandra Mittal
241 ITR 124 · 2000 · High Court
89
citing judgments

A penalty for concealment of income cannot be levied if an assessee files a revised return to buy peace and avoid litigation, and the revenue accepts this without objection.

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.

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

DCIT, Circle-4(1)(1), Ahmedabad, Vejalpur vs. United Tech Ventures Pvt Ltd, C. G. Road, Ahmedabad

In the result, the appeal filed by the Revenue is hereby dismissed

ITA 214/AHD/2025[2018-19]Status: DisposedITAT Ahmedabad22 Jul 2025AY 2018-19

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarआयकर अपील सं / Ita No. 214/Ahd/2025 िनधा"रण वष"/Assessment Year: 2018-19 बनाम Dcit United Tech Ventures Pvt Ltd., Vs. Circle 4(1)(1), 605, Samedh Complex, Nr. Ahmedabad Associated Petrol Pump, C.G. Road, Ahmedabad-380006 [Pan : Aabcu 0357 N] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) िनधा")रती की ओर से / Assessee By : Shri Vihar Soni, Ar +,थ. की ओर से / Revenue By : Shri Rignesh Das, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 08.05.2025 घोषणा की तारीख /Date Of Pronouncement: 22.07.2025 आदेश/O R D E R Per T.R. Senthil Kumar: This Appeal Is Filed By The Revenue As Against The Appellate Order Dated 07.11.2024 Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre, Delhi (Hereinafter Referred To As The “Cit(A)”), Arising Out Of The Reassessment Order Passed Under Section 147 R.W.S. 144B Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “The Act” In Short), Relating To The Assessment Year (Ay) 2018-19. 2. The Brief Facts Of The Case Are That The Assessee, A Private Limited Company, Filed Its Original Return Of Income For Ay 2018-19 On 01.10.2018, Declaring Rs. Nil Income & Claimed Current Year Loss Of Rs.6,36,309/-. The Assessee Also Filed A Revised Return Claiming Current Year Loss Of Rs.19,34,006/-. The Returns Were Processed Under Regular Assessment Under Section 143(3) & The Order Was Passed On 08.03.2021, Accepting The Returned Loss. Thereafter, The Assessment Was Re-Opened On Account Of Accommodation Entry Of Rs.1.5 Crores Received From Dishman Group. Hence, A Show Cause Notice U/S 148A(B) Of The Act Was Issued To The 2 Dcit Vs. United Tech Ventures Pvt Ltd Ay : 2018-19

For Appellant: Shri Vihar Soni, ARFor Respondent: Shri Rignesh Das, CIT-DR
Section 132Section 143(3)Section 147Section 148ASection 68

declaring Rs. Nil income and claimed current year loss of Rs.6,36,309/-. The assessee also filed a revised return claiming current year loss of Rs.19,34,006/-. The returns were processed under regular assessment under Section 143(3), and the order was passed on 08.03.2021, accepting the returned loss