Any claim made in the revised return post the due date of filing the revised return cannot be considered by the Assessing Officer

 

In the case of Shriram Investments v/s CIT, Chennai [Civil Appeal 6274 of 2013], Hon’ble Supreme Court held that any claim made in the revised return filed under section 139(5) of the Income-tax Act post the due date of filing the revised return cannot be considered by the Assessing Officer.

Further, the Hon’ble Court relied upon the decision in Goetzge (India) Limited v/s CIT [(2006) 157 Taxmann 1 (SC)] and PCIT & Anr. v/s Wipro Limited [(2022) 446 ITR 1], which states that the tax authorities cannot entertain claims made outside the valid return filed & outside the provisions of the Income-tax Act and they had also rejected the ruling of Wipro Finance Limited [2022 (137) Taxmann 230 (SC)] relied upon by the Appellant on the basis that such ruling was not applicable to the facts of the case as it was concerned with the powers of Appellate Tribunal to admit the claim after a time barred revised return not the tax authorities power. Additionally, present case is specifically deals with the claim made post the due date of filing the revised return and not any claim made during the Assessment or Appellate proceedings post the due date of filing revised return.

The copy of the order is as under:

Shriram Investments Vs The Commissioner of Income Tax IIIChennai