143 (3)

Can a belated Return be revised during assessment proceedings ?

Replies (5)

 

Belated return can never be revise.

Yes. Belated return can not be revised.

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?

 

Originally posted by : Ashish


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. 


Thank you all for your responses.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
09 September 2026
Chartered Accountant

Aviv Global Private Limited

Ahmedabad

CA

View Details
Company
ARTICLESHIP 07 September 2026
Article/ Paid Assistant

Murali and Sumeet Chartered Accountant

Bengaluru

CA Foundation

View Details
Company
ARTICLESHIP 21 September 2026
CA Article Assistant

KK & Company Chartered Accountant

Pune

CA Inter

View Details
Company
04 September 2026
CA inter Or ca finalist

A Jaiswal and company

Lucknow

CA Final

View Details
Company
19 September 2026
Finance Manager

Mugdha Art Studio

Hyderabad

CA

View Details
Company
30 September 2026
Senior Accountant

Codeboard Technology

Chennai

B.Com

View Details
Company
ARTICLESHIP 16 September 2026
Article Assistant

MANUJ SHARMA AND COMPANY

Noida

CA Inter

View Details
Company
ARTICLESHIP 01 October 2026
Articled Assistant

KPSN & Associates LLP

Chennai

CA Inter

View Details