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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

Rekha Rani Gupta, Burdwan (East) vs. I.T.O., Ward - 1(1), Burdwan

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

ITA 1059/KOL/2024[2018-2019]Status: DisposedITAT Kolkata10 Jul 2025AY 2018-2019

Bench: Shri George Mathanआयकर अपील सं/Ita No.1059/Kol/2024 (नििाारण वर्ा / Assessment Year :2018-2019) Rekha Rani Gupta, Vs Ito, Ward-1(1), Burdwan Hossainpur, Purba Bardhaman Pin-713125 Pan No. : Bxvpg 1588 C (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) : Shri Soumitra Choudhury, Advocate नििााररती की ओर से /Assessee By : Smt. Madhumita Das, Sr.Dr राजस्व की ओर से /Revenue By सुनवाई की तारीख / Date Of Hearing : 10/07/2025 घोषणा की तारीख/Date Of Pronouncement : 10/07/2025 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 29.02.2024 For The Assessment Year 2018-2019. 2. Shri Soumitra Choudhury, Ld.Ar Appeared On Behalf Of The Assessee & Smt. Madhumita Das, Ld. Sr.Dr Appeared On Behalf Of The Revenue. 3. It Was The Submission By The Ld. Ar That That The Assessee Had On The Basis Of The Form 26As Filed His Return Of Income. It Was The Submission That In The Form 26As It Was Shown That The Assessee Had Done Certain Contract Work For West Bengal State Electricity Board Burdwan Division. It Was The Submission That, In Fact, The Assessee Had Not Done Any Work. It Was The Submission That The West Bengal State Electricity Board Burdwan Division Had Also Clarified Before The Ao In Response To Notice U/S.133(6) Of The Act That The Assessee Has Not Done Any Work For Them. However, The Ao Added The Total Contract Amount As Shown In The Form 26As As Income

For Appellant: Smt. Madhumita Das, Sr.DR
Section 133(6)Section 140

reply, ld. Sr. DR vehemently relied on the order of the ld. AO and ld. CIT(A). It was the submission that no revised return filed by the assessee. It was the submission that in view of the provisions of Section 140 of the Act, the income cannot be recomputed ... unless revised return is filed. 5. I have considered the rival submissions. A perusal of the facts of the present case clearly shows that the West Bengal State Electricity Board Burdwan Division has committed an error in the deduction and the credit of the TDS in respect

Varatharaj Venugopal, Tirupur vs. ITO, Ward-1(1), Tirupur

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1058/CHNY/2025[2018-19]Status: DisposedITAT Chennai10 Jul 2025AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.1058/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 Varatharaj Venugopal, Vs. The Income Tax Officer, 13, Thiruvalluvar Nagar 4Th St., Ward 1(1), Nesavalar Colony, East P.N. Road, Tiruppur. Tirupur 641 602. [Pan:Aylpv5231F] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Raghavan, Advocate (Virtual) For Shri R.C. Sachin, C.A. ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 02.07.2025 घोषणा की तारीख /Date Of Pronouncement : 10.07.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 17.02.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2018-19. 2. The Assessee Raised 2 Grounds Of Appeal Amongst Which, The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A) Is Justified In Confirming The Addition Made By The Assessing Officer

For Appellant: Shri Raghavan, Advocate (virtual) for Shri R.C. Sachin, C.AFor Respondent: Ms. R. Anita, Addl. CIT
Section 144Section 147Section 148Section 148ASection 69

Officer issued notice under section 148 of the Act on 25.04.2022 to the assessee and in response to the said notice, the assessee filed revised return of income on 17.05.2022 admitting total income of ₹.4,34,460/-. Thereafter, the Assessing Officer issued various statutory notices under sections