Section 143 (3) provides that on the day specified in the notice,-
(i) issued under Clause (i) of sub section (2), or as soon afterwards as may be, after hearing such evidence and after taking into account such particulars as the assessee may produce, the A.O. shall pass an order.
Further the Supreme Courts decision in Goetze (India) Ltd V/s. CIT states that "the A.O. has no power to entertain a Claim made by the assessee after filing a original Return otherwise than by filing Revised Return"
From above, can it not be concluded that the Assessee can file a revised return during the course of assessment proceedings?
Section 143 (3) provides that on the day specified in the notice,-
(i) issued under Clause (i) of sub section (2), or as soon afterwards as may be, after hearing such evidence and after taking into account such particulars as the assessee may produce, the A.O. shall pass an order.
- the particulars are related to the return filed ( original or revised as may be)
Further the Supreme Courts decision in Goetze (India) Ltd V/s. CIT states that "the A.O. has no power to entertain a Claim made by the assessee after filing a original Return otherwise than by filing Revised Return"
- Here court did not mentioned that revised return against belated return. revised return is a policy to entertain the corrections which were left undisclosed due to time limit prescribed by the department, and naturally eligible for submission in return. but in belated return, assessee enjoyed more time and had a wide scope to adjust the same in his accounts, thats why the revision of return is allowed to only returns filed within time.
From above, can it not be concluded that the Assessee can file a revised return during the course of assessment proceedings?
- Assesee can place his additinoal facts to AO during the hearing, and AO may consider the same in connextion to the return submitted but if the variations are in nature of concealment then the case may take a curb.