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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

Bhl Forex and Finlease Limited, Delhi vs. Commissioner of Income Tax, Appeal-23, New Delhi

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

ITA 1181/DEL/2024[2014-2015]Status: DisposedITAT Delhi14 May 2025AY 2014-2015

Bench: Shris.Rifaur Rahmanbhl Forex & Finlease Limited, Vs. Dcit, Central Circle - 2, 6, Mohan Singh Place, New Delhi. Connaught Place, New Delhi – 110 001. (Pan : Aabcb8886H) (Appellant) (Respondent) Assessee By : Ms. Gini Gandhi, Advocate Ms. Anu Bajaj, Advocate Revenue By : Shri Sanjay Kumar, Sr. Dr Date Of Hearing : 13.03.2025 Date Of Order : 14.05.2025 O R D E R 1. The Assessee Has Filed This Appeal Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-23, New Delhi [“Ld. Cit(A)”, For Short] Dated 11.07.2023 For The Assessment Year 2014-15. 2. At The Time Of Hearing, Ld. Ar Of The Assessee Submitted That The Appeal Filed By The Assessee Is Against Imposition Of Penalty Under Section 271(1)(C) Of The Income-Tax Act, 1961 (For Short ‘The Act’). In This Regard, He Submitted That Assessee Has Filed Its Original Return Of Income U/S 139(4) Of The Act Which Was Belated Return & Declared The Loss. As Per The Provisions Of The Act, The Losses Declared In The Belated Returns

For Appellant: Ms. Gini Gandhi, AdvocateFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 139Section 139(4)Section 147Section 148Section 14ASection 271(1)(c)

declaring the loss return. Since the loss declared in the return of income cannot be carried forward if there is any reduction in the revised return of income cannot impact the future tax liability. In this regard, he brought to my notice page 12 of the paper book which ... assessee declaring loss of Rs.15,41,784/- and he also brought to my notice page 15 of the paper book which is the revised return of income filed on 29.03.2023. He prayed that the imposition of penalty u/s 271(1)(c) be deleted and he relied on the following case

Krishna Plantations Pvt. Ltd, Margao vs. Assessment Unit - Income Tax Department, Delhi

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

ITA 199/PAN/2023[2020-21]Status: DisposedITAT Panaji08 May 2025AY 2020-21

Bench: Shri Pavan Kumar Gadale & Shri G D Padmahshalii T A. Nos.199/Pan/2023 (A.Y. 2020-21) Krishna Plantations Pvt Ltd, Vs National Faceless 15/1452,Nanuhouse, Varde Assessment Centre, . Valaulikar Road, 2 Floor, F-Ramp, Margoa-403601, Jawaharlal Nehru Goa. Stadium, New Delhi-110003 Pan/Gir No. Aaack6885G (अपीलाथ"/Appellant) (""यथ"/Respondent) Assessee By Smt.Bhavya Goyal.Ar Revenue By Shri.Ravindra Hattalli Sr.Dr सुनवाई क" तार"ख/Date Of Hearing 20.03.2025 घोषणा क" तार"ख/Date Of Pronouncement 08.05.2025 Order Per Pavan Kumar Gadale ,Jm: The Assesse Has Filed The Appeal Against The Order Of The Nfac/Cit(A) Delhi Passed U/Sec143(3) & U/Sec 250 Of The Act. The Assesse Has Raised The Grounds Of Appeal Challenging The Order Of The Cit(A) Sustaining The Addition Made By The Assessing Officer. 2. At The Time Of Hearing, The Ld.Ar Has Not Pressed The Ground Of Appealno.1 & Made Endorsement; Accordingly This Ground Of Appeal Is Treated As Withdrawn & Is Dismissed.

disclosing a total income of Rs.40,45,110/- on 26.11.2020 and agriculture income of Rs.1,47,87,286/-. Further the assessee has filed the revised return of income disclosing a total income of Rs.40,45,110/- and net agricultural income of Rs.63,45,354/- on 5.03.2021. Subsequently, the case

Yogesh Shivaji Shinde, Nashik vs. Income Tax Officer, Nashik

In the result, the appeal of the assessee is allowed

ITA 168/PUN/2025[2016-17]Status: DisposedITAT Pune08 May 2025AY 2016-17

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.168/Pun/2025 िनधा"रण वष" / Assessment Year : 2016-17 Yogesh Shivaji Shinde, Vs. Ito, National Faceless H. No.377, Mhb Colony, Assessment Centre, Satpur, Nashik- 422007. Delhi. Pan : Aekps3129Q Appellant Respondent Assessee By : Shri Mahesh Pagare (Virtual) Revenue By : Shri Ganesh B. Budruk Date Of Hearing : 28.04.2025 Date Of Pronouncement : 08.05.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 21.11.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2016-17. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. The Learned Commissioner Of Income Tax Is Not Justified In Levying Penalty U/S 271(1)(C) Of Rs. 56,350/- On The Ground That The Assessee Had Under Reported & Mis Reported His Income. In Consequence Of Misreporting Without Appreciating That The Said Levy Of Penalty Was Not Justified In Law.

For Appellant: Shri Mahesh Pagare (Virtual)For Respondent: Shri Ganesh B. Budruk
Section 147Section 148Section 250Section 270ASection 271(1)(c)

along with interest on 27-05-2019 whereas the notice u/s 148 was issued to him on 03-03-2020, however the revised return could not be filed voluntarily since the date was over. Accordingly, it was requested 4 before the bench to delete the penalty of Rs.56,350/- imposed ... appellant in response to the notice u/s 148 of the IT Act. We cannot accept the contention of Ld. DR that the revised return was not voluntary therefore the penalty u/s 271(1)(c) of the Act is inevitable. In this regard, the contention of Ld. counsel is also important