“Section 153(2)”

Section References (mined)Section 153Section 153(2)143 judgments

The decision most relied on for Section 153(2) is 153 (Gujarat) 8 Shakti Karnawat v. ITO (296 ITR 90), cited in 171 judgments on BharatTax.

Leading authorities on Section 153(2)

153 (Gujarat) 8 Shakti Karnawat v. ITO

296 ITR 90 · 2008 · High Court

171

citing judgments

A live link of third-party information can form the basis for reopening an assessment under Section 148, provided it contains material facts necessary for assessment. The Assessing Officer must demonstrate a "reason to believe" that income has escaped assessment, which can be satisfied by such information even if it pertains to other assessees or relates to accommodation entries.

Sodex SVC India (P) Ltd. v. DCIT (TDS) 2(2)

92 Taxmann.com 260 · 2018 · ITAT

citing judgments

A statutory provision is not construed to have retrospective operation unless such a construction is explicitly stated in the Act or arises by necessary and distinct implication.

ITO v. DG Housing Projects Ltd.

20 Taxmann.com 587 · 2012 · High Court

citing judgments

Under Section 263, the PCIT/CIT cannot set aside an assessment order for mere 'insufficiency of enquiry' or by remanding the matter to the Assessing Officer for fresh examination. The PCIT/CIT must conduct necessary inquiries and themselves establish how the order is erroneous and prejudicial to the revenue before passing a revision order.

Rajinder Nath v. CIT

120 ITR 14 · 1979 · Supreme Court

citing judgments

A 'direction' issued by an appellate or revisional authority under Sections 150(1) or 153(3) of the Income-tax Act must be a specific, clear, and mandatory positive command requiring action, and not merely an observation or finding, to be legally effective.

PCIT, Central-3 v. Allied Perfumers (P.) Ltd.

124 Taxmann.com 358 · 2021 · High Court

citing judgments

The case is cited for various issues including the definition of capital assets, reassessment procedures under sections 153A and 153C, and the effect of clarificatory amendments.

Dr. Partap Singh v. Director of Enforcement

155 ITR 166 · 1985 · Supreme Court

citing judgments

The phrase "so far as may be" in a statutory provision indicates that the referred procedures, such as those for conducting searches, are to be generally followed to the extent possible, meaning they are not mandatory in every minute detail but applied practically.

CIT v. Ganga Properties Ltd.

199 ITR 94 · 1993 · High Court

citing judgments

Expenditure incurred by a company for the purpose of its business, including expenses to fulfill statutory legal obligations or those related to an erstwhile business post-transfer, is allowable as revenue expenditure under Section 37 of the Income-tax Act.

Pr. CIT v. Oberoi Hotels (P.) Ltd.

409 ITR 132 · 2018 · High Court

citing judgments

Failure to issue a notice under Section 143(2) within the prescribed time or after the time for completing reassessment under Section 153(2) has expired renders the entire assessment proceedings invalid. Section 292BB does not waive the requirement for such statutorily mandated notices.

Judgments citing Section 153(2)

Pankaj Dhandharia, Mumbai vs. ACIT-22(1), Mumbai

Appeal is dismissed

ITA 741/MUM/2024[2017-18]Status: DisposedITAT Mumbai15 Oct 2024AY 2017-18

Bench: Shri Prashant Maharishi, Am & Shrisunil Kumar Singh, Jm

Section 142ASection 144BSection 147Section 148Section 250Section 50(2)(vi)Section 500Section 56(2)(vii)

notice under section 148A(b) of the Act (under new law) and thereby time limit to complete re-assessment under section 153(2) of the Act would be computed from end of the year in which the notice under section 148 of the Act (under old law) is saved, thereby ... dated 23 July 2018. He further submitted that that the assessment order is barred by limitation for the reason that according to section 153 (2) of the act the assessment proceedings was supposed to be completed within 12 months from the end of the financial year in which

Chundi Sukumar Reddy, Hyderabad vs. ITO(International Taxation)-1, Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 132/HYD/2024[2015-16]Status: DisposedITAT Hyderabad20 Sept 2024AY 2015-16

Bench: Shri Manjunatha, G. & Shri Prakash Chand Yadavआ.अपी.सं /Ita No.132/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2015-16) Shri Chundi Sukumar Vs. Income Tax Officer Reddy (International Taxation)-1 Hyderabad Hyderabad Pan:Bnqpc2445F (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri B. Balakrishna, Dr सुनवाई की तारीख/Date Of Hearing: 18/09/2024 घोषणा की तारीख/Pronouncement: 20/09/2024 आदेश/Order

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri B. Balakrishna, DR

Section 139(1)Section 144C(1)Section 144C(5)Section 147Section 148Section 153(2)

limitation of draft assessment order passed by the Assessing Officer u/s 144C(5) and held that the period of limitation as per section 153(2) of the I.T. Act, 1961 Page 2 of 11 ITA No 132 of 2024 Chundi Sukumar Reddy is 12 months from the end of financial ... time is available to the Assessing Officer but still, the assessment order passed by the Assessing Officer is beyond limitation, because as per section 153(2), the re-assessment order should be passed on or before Page 3 of 11 ITA No 132 of 2024 Chundi Sukumar Reddy 31/03/2023, whereas

Nilima Kothari, Indore vs. The Income Tax Officer, National Faceless Asstt. Centre, Indore

In the result appeal of the assessee is allowed as per terms indicated above

ITA 259/IND/2024[2016-17]Status: DisposedITAT Indore20 Sept 2024AY 2016-17

Bench: Shri Manish Boradsmt. Neelima Kothari, Income Tax Officer, 601, N.R.K. Villas, Delhi Vs. 22/2 Manoramaganj, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Adnpk7832J Assessee By Shri S.S. Deshpande, Ar Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 08.08.2024 Date Of Pronouncement 20.09.2024

Section 10(38)Section 147Section 148Section 151Section 68

India on 31.03.2021. (vii). The travel back in time theory propounded by the revenue is manifestly arbitrary for the following reason: As per Section 153(2) of the 1961 Act, reassessment proceedings are required to be completed within twelve (12) months from the end of the Financial Year

Sachin Chirania, Mumbai vs. The Income Tax Officer, Navi Mumbai

ITA 4408/MUM/2023[2012-13]Status: DisposedITAT Mumbai30 Aug 2024AY 2012-13

Bench: Ld. Commissioner of Income Tax (Appeals). 4. On the facts and the circumstances of the case, the Ld. Commissioner of Income Tax (Appeals) has erred in not taking cognizance of the stated legal position that Assessing Officer was bound to provide reasons within reasonable time for which he took six months and did not dispose of the objections filed by the assessee before completion of

For Appellant: Ms. Ritu Kamal KishoreFor Respondent: Shri R. R. Makwana

Section 144Section 147Section 148Section 69A

reviving stale/ old matters. 9 In fact, to ensure that re-opening notices are disposed of, expeditiously the parliament itself has provided in Section 153(2) of the Act a period of limitation within which the Assessing Officer must pass an order on the notice of re-opening i.e. within

Ganesan Kannan, Thoothukudi vs. Iti, International Taxation Ward, Thoothukudi

In the result, appeal filed by the assessee is allowed

ITA 698/CHNY/2024[2018-19]Status: DisposedITAT Chennai23 Aug 2024AY 2018-19

Bench: Shri Mahavir Singh, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकर अपीलसं./Ita No.: 698/Chny/2024 िनधा"रण वष" / Assessment Year: 2018-19

For Appellant: Shri. N. Arjun Raj, AdvocateFor Respondent: Shri. Sanjay Gandhi, Addl. CIT

Section 144C(1)Section 144C(8)Section 147Section 148Section 148A

assessee submitted that in the present case, notice u/s.148 of the Act was issued on 31.03.2022. As per the provisions of section 153(2) of the Act, the assessment order should be passed on or before one year from the end of the relevant A.Y. i.e. on or before ... find force in the argument of the learned Counsel for the assessee for the simple reason that, as per section 153(2), the time limit for completion of assessment or re- assessment shall be 12 months from the end of the financial year in which notice u/s 148 was served

Syed Gulam Mohiuddin, Hyderabad vs. ITO, International Taxation-1, Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 136/HYD/2023[2017-18]Status: DisposedITAT Hyderabad03 Jun 2024AY 2017-18

Bench: Shri Mahavir Singh, Vice- & Shri Manjunatha, G.आ.अपी.सं /Ita No.136/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2017-18) Shri Syed Gulam Vs. Income Tax Officer Mohiuddin (International Taxation)-1 Hyderabad Hyderabad Pan:Decpm0365H (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Shiva Sewak, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 16/05/2024 घोषणा की तारीख/Pronouncement: 03/06/2024 आदेश/Order Per Manjunatha, G. A.M This Appeal Filed By The Assessee Is Directed Against The Assessment Order Dated 12.01.2023 Of The Learned Assessing Officer (International Taxation-1), Hyderabad, Relating To A.Y.2017-18. 2. The Grounds Raised By The Assessee Read As Under: “1. The Final Assessment Order Passed By The Income Tax Officer (Int Taxn)-1,Hyd (Herein After Referred To As 'Ao) Is Erroneous Both On Facts & In Law To The Extent The Order Is Prejudicial To The Interest Of The Appellant.

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri Shiva Sewak, CIT(DR)

Section 147Section 148Section 148(2)Section 151Section 69

assessee submitted that in the present case, notice u/s 148 of the Act was issued on 30.03.2021. As per the provisions of section 153(2) of the Act, the assessment order should be passed on or before one year from the end of the relevant A.Y i.e. on or before ... find force in the argument of the learned Counsel for the assessee for the simple reason that, as per section 153(2), the time limit for completion of assessment or re-assessment shall be 12 months from the end of the financial year in which notice u/s 148 was served

JCIT Cent. Cir. - 1(4), Mumbai vs. Grasim Industries Ltd, Mumbai

The appeal of the Revenue is dismissed whereas appeal of the assessee is partly allowed for statistical purposes

ITA 1559/MUM/2018[2010-11]Status: DisposedITAT Mumbai29 Apr 2024AY 2010-11

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2010-11 Grasim Industries Limited, The Dcit Cc-1(4), Corporate Finance Division, Room No. 902, 9Th Floor, Old Vs. A-2, Aditya Birla Centre, S.K. Cgo Building, M.K. Road, Ahire Marg, Worli, Mumbai-400020. Mumbai-400030. Pan No. Aaacg 4464 B Appellant Respondent Assessment Year: 2010-11 Jcit (Osd), Central Circle- Grasim Industries Limited, 1(4), A-Wing, 2Nd Floor, Aditya Room No. 902, Pratishtha Vs. Birla Centre, S.K. Ahire Bhavan, 9Th Floor, Old Cgo Marg, Worli, Building Annexe, Mumbai-400030. Mumbai-400020. Pan No. Aaacg 4464 B Appellant Respondent Assessee By : Mr. Yogesh Thar & Mr. Chaitanya Joshi Revenue By : Dr. Kishor Dhule, Cit-Dr Date Of Hearing : 03/04/2024 : Date Of Pronouncement 29/04/2024

For Appellant: Mr. Yogesh Thar &For Respondent: Dr. Kishor Dhule, CIT-DR

Section 132(1)Section 143(3)Section 153C

proceedings which for abatement of assessment/reassessment proceedings which are pending on the date of search/requisition. are pending on the date of search/requisition. Section Section 153(2) provides that when the assessment made under Section 153(1) is provides that when the assessment made under Section 153(1) is provides that

Grasim Industries Ltd, Mumbai vs. DCIT Cent. Cir. - 1(4), Mumbai

In the result, the appeal of the Revenue is dismissed whereas

ITA 1055/MUM/2018[2010-11]Status: DisposedITAT Mumbai29 Apr 2024AY 2010-11

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal ()

For Appellant: Mr. Yogesh Thar &For Respondent: Dr. Kishor Dhule, CIT-DR

Section 132Section 132(1)Section 143(3)Section 153C

those assessment years. The second proviso to Section 153A provides for abatement of assessment/reassessment proceedings which are pending on the date of search/requisition. Section 153(2) provides that when the assessment made under Section 153(1) is annulled, the assessment or reassessment that stood abated shall stand revived. 10. Thus

Mr Manish Rajnarain Goswami, Mumbai vs. Assessing Officer, Mumbai

In the result, appeal filed by the assessee is allowed

ITA 3960/MUM/2023[2011-12]Status: DisposedITAT Mumbai19 Apr 2024AY 2011-12

Bench: Shri Narendra Kumar Billaiya, Hon'Ble & Shri Sunil Kumar Singh, Hon'Blemanish Rajnarain Goswami V. Income Tax Officer – 16(1)(3) Aayakar Bhavan, M.K. Road Metropolitan Chsl Mumbai - 400020 B-6 / B-8, Nargisdas Road Pali Hill, Bandra (W) Mumbai - 400050 Pan: Addpg7655D (Appellant) (Respondent) Assessee Represented By : Shri Vijay Mehta Department Represented By : Smt Mahita Nair

Section 143(1)Section 147Section 148Section 68

reviving stale/ old matters. 9. In fact, to ensure that re-opening notices are disposed of, expeditiously the parliament itself has provided in Section 153(2) of the Act a period of limitation within which the Assessing Officer must pass an order on the notice of re- opening within

Prakash Shah, Mumbai vs. DCIT Circle 12(2), Mumbai

ITA 3145/MUM/2023[2011-12]Status: DisposedITAT Mumbai28 Feb 2024AY 2011-12

Bench: SHRI OM PRAKASH KANT, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

For Appellant: Shri Mani JainFor Respondent: Shri H.M. Bhatt

Section 143(3)Section 147Section 148

dated 31/03/2016, issued under Section 148 of the Act and the order under Section 143(3) read with Section 147 of the Act. Section 153(2) of the Act provides the time limit within which order under Section 147 of the Act is required to be passed. The Order, dated ... financial year in which notice under Section 148 of the Act was served upon the Appellant in accordance with the provisions contained in Section 153(2) of the Act. In our view, the provisions contained in Section 153(2A) of the Act on which reliance was placed on behalf

M/S International Customer Related Management Services Private Limited, Chandigarh vs. D.C.I.T., Circle 6(1), Mohali

In the result, for statistical purposes, the appeal is

ITA 436/CHANDI/2022[2008-09]Status: DisposedITAT Chandigarh01 Feb 2024AY 2008-09

Bench: SHRI A.D.JAIN (Vice President), SHRI VIKRAM SINGH YADAV (Accountant Member)

For Appellant: Shri Ajay Vohra, Sr.Advocate with Shri Hardeep Singh Chawla, AdvocateFor Respondent: Shri Rohit Sharma, CIT-DR

Section 143(3)Section 147Section 153(2)

facts and circumstances of the case and in law, the reassessment order being passed beyond the period of limitation prescribed under section 153(2) of the Act is beyond jurisdiction and bad in law. 4.2. That on the facts and circumstances of the case and in law, the proceedings under

Sh. Sunil Gupta, Jammu vs. Assistant Commissioner of Income Tax, Jammu

In the result, all the appeals of the assessees bearing ITA Nos

ITA 77/ASR/2006[1988-89]Status: DisposedITAT Amritsar06 Dec 2023AY 1988-89

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 144Section 148Section 250Section 45(5)Section 6Section 7(3)

Deceased), the Assessment order passed by the Ld A.O. patently appears to be time barred u/s 153 of the IT act. As per section 153(2) as it stood at the relevant time no order of assessment or re-assessment or re-computation shall be made u/s 147 after

Smt. Anuradha Mahajan, Jammu vs. Assistant Commissioner of Income Tax, Jammu

In the result, all the appeals of the assessees bearing ITA Nos

ITA 76/ASR/2006[1988-89]Status: DisposedITAT Amritsar06 Dec 2023AY 1988-89

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 144Section 148Section 250Section 45(5)Section 6Section 7(3)

Smt. Dhanwanti Devi (Deceased), Jammu vs. Assistant Commissioner of Income Tax, Jammu

In the result, all the appeals of the assessees bearing ITA Nos

ITA 75/ASR/2006[1988-89]Status: DisposedITAT Amritsar06 Dec 2023AY 1988-89

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 144Section 148Section 250Section 45(5)Section 6Section 7(3)

DCIT (Exemption)-2(1), Mumbai vs. Maharashtra State Road Transport Corporation, Mumbai

In the result, the appeal filed by the Revenue as well as cross objection filed by the assessee are dismissed

ITA 1766/MUM/2023[2013-14]Status: DisposedITAT Mumbai23 Nov 2023AY 2013-14

Bench: Shri B.R. Baskaran (Am) & Shri Pavan Kumar Gadale (Jm)

Section 12ASection 143(2)Section 143(3)Section 148

reviving stale/ old matters. 9. In fact, to ensure that reopening notices are disposed of, expeditiously the parliament itself has provided in Section 153(2) of the Act a period of limitation within which the Assessing Officer must pass an order on the notice of reopening i.e. within one year