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“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
86
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
78
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
56
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
54
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
52
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
46
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
45
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)

Lg Electronics India Ltd., Gr. Noida vs. ITO (TDS) International Taxation, Noida

In the result, appeals are allowed, as indicated above

ITA 7927/DEL/2018[2006-07]Status: DisposedITAT Delhi21 Nov 2023AY 2006-07

Bench: Shri G.S. Pannu, Vice- & Shri Saktijit Dey, Vice-Assessment Year: 2005-06 With Assessment Year: 2006-07 With Assessment Year: 2007-08 With Assessment Year: 2008-09 With Assessment Year: 2009-10 With Assessment Year: 2010-11 With Assessment Year: 2011-12 M/S. Lg Electronics India Ltd., Vs. Ito (Tds), Plot No.51, Udyog Vihar, International Taxation, Surajpur Industrial Area, Noida Greater Noida (Up) Pan :Aaacl1745Q (Appellant) (Respondent)

Section 133ASection 195(1)Section 201Section 201(1)

does not provide any time limit for passing the order, once proceedings have been initiated order has to be passed in terms of section 153(2) of the Act, which is within one year from the end of the financial year, in which such proceeding was initiated. He submitted ... aside by Hon’ble Allahabad High Court, the Assessing Officer initiated proceedings on 12.07.2011. Therefore, he had time limit in terms of section 153(2) of the Act to pass the orders on or before 31.03.2012. Whereas, he has actually passed the orders on 24.02.2015. In support of such contention

Lg Electronics India Ltd., Gr. Noida vs. ITO (TDS) International Taxation, Noida

In the result, appeals are allowed, as indicated above

ITA 7926/DEL/2018[2005-06]Status: DisposedITAT Delhi21 Nov 2023AY 2005-06

Bench: Shri G.S. Pannu, Vice- & Shri Saktijit Dey, Vice-Assessment Year: 2005-06 With Assessment Year: 2006-07 With Assessment Year: 2007-08 With Assessment Year: 2008-09 With Assessment Year: 2009-10 With Assessment Year: 2010-11 With Assessment Year: 2011-12 M/S. Lg Electronics India Ltd., Vs. Ito (Tds), Plot No.51, Udyog Vihar, International Taxation, Surajpur Industrial Area, Noida Greater Noida (Up) Pan :Aaacl1745Q (Appellant) (Respondent)

Section 133ASection 195(1)Section 201Section 201(1)

does not provide any time limit for passing the order, once proceedings have been initiated order has to be passed in terms of section 153(2) of the Act, which is within one year from the end of the financial year, in which such proceeding was initiated. He submitted ... aside by Hon’ble Allahabad High Court, the Assessing Officer initiated proceedings on 12.07.2011. Therefore, he had time limit in terms of section 153(2) of the Act to pass the orders on or before 31.03.2012. Whereas, he has actually passed the orders on 24.02.2015. In support of such contention

Ron Creations Private Limited, Mumbai vs. Income Tax Officer 16(1)(5), Mumbai

In the result, appeal filed by the Assessee stands allowed

ITA 1551/MUM/2023[2010-2011]Status: DisposedITAT Mumbai26 Sept 2023AY 2010-2011

Bench: Shri N. K. Choudhry, Jm

For Appellant: Sh. Atul Mehta & Uday Shah, CAFor Respondent: Sh. Anurag Tripathi, DR
Section 133(6)Section 143(1)Section 148Section 250Section 68

order within the prescribed period of time which in this case was 31.03.2015. The Ld. AR claimed that as per the provisions of section 153(2) of the Act, no order of assessment, re-assessment or re-computation shall be made under section 147 of the Act after the expiry

M/S. Soham Estate, Mumbai vs. DCIT, CC-1, Thane

ITA 690/MUM/2023[2012-13]Status: DisposedITAT Mumbai20 Sept 2023AY 2012-13
For Appellant: Dr. K. ShivaramFor Respondent: Dr. Kishor Dhule
Section 133ASection 143(3)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 i.e. within

Kanav Metals, New Delhi vs. ITO Ward - 50(1), New Delhi

In the result, Appeal of the assessee is allowed

ITA 7778/DEL/2019[2014-15]Status: DisposedITAT Delhi19 Sept 2023AY 2014-15

Bench: Her During The Course Of Appeal Proceedings.

Section 2(31)Section 244

against the partners of the assessee firm have been dropped on account of same becoming time barred as per the provision of Section 153(2) of the Act on 31/03/2023, therefore, contended that substantial addition made in the hands of the Assessee Firm does not survive. By relying ... against the partners of the Assessee Firm was dropped on account of same becoming time barred as per the provision of Section 153(2) of the Act on 31/03/2023, which was not disputed by the Ld. DR. It is well settled proposition of law that when substantive addition does

Harshit Gems Ltd, Surat vs. Asst. Commissioner of Income Tax, Surat

In the result, assessee’s Co is allowed and Revenue’s appeal is dismissed

ITA 344/SRT/2022[2014-15]Status: DisposedITAT Surat13 Jun 2023AY 2014-15

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 139(1)Section 143(3)Section 147Section 148Section 153(2)Section 153(3)Section 254(1)Section 263

assessee filed its return of income on 27.04.2019. The time limit for completion of re-assessment order as per section 153(2) of the Act was upto 31.12.2019 i.e., within nine months from the end of financial year in which the notice under section 148 was served. The assessing officer ... passed assessment order under section 143(3) rws 147 on 21.06.2022 which is beyond the time period prescribed under section 153(2) of the Act. Since the assessment order was passed beyond the time period prescribed under the Act and therefore the order is bad in law and subsequent action

Harshit Gems Ltd, Surat vs. Dy. Commissioner of Income Tax, Surat

In the result, assessee’s Co is allowed and Revenue’s appeal is dismissed

ITA 342/SRT/2022[2012-13]Status: DisposedITAT Surat13 Jun 2023AY 2012-13

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 139(1)Section 143(3)Section 147Section 148Section 153(2)Section 153(3)Section 254(1)Section 263

assessee filed its return of income on 27.04.2019. The time limit for completion of re-assessment order as per section 153(2) of the Act was upto 31.12.2019 i.e., within nine months from the end of financial year in which the notice under section 148 was served. The assessing officer ... passed assessment order under section 143(3) rws 147 on 21.06.2022 which is beyond the time period prescribed under section 153(2) of the Act. Since the assessment order was passed beyond the time period prescribed under the Act and therefore the order is bad in law and subsequent action

Asst. Commissioner of Income Tax, Central Circle-3, Surat vs. M/S. Harshit Gems Ltd., Surat

In the result, assessee’s Co is allowed and Revenue’s appeal is dismissed

ITA 314/SRT/2022[2014-15]Status: DisposedITAT Surat13 Jun 2023AY 2014-15

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 139(1)Section 143(3)Section 147Section 148Section 153(2)Section 153(3)Section 254(1)Section 263

assessee filed its return of income on 27.04.2019. The time limit for completion of re-assessment order as per section 153(2) of the Act was upto 31.12.2019 i.e., within nine months from the end of financial year in which the notice under section 148 was served. The assessing officer ... passed assessment order under section 143(3) rws 147 on 21.06.2022 which is beyond the time period prescribed under section 153(2) of the Act. Since the assessment order was passed beyond the time period prescribed under the Act and therefore the order is bad in law and subsequent action

Asst. Commissioner of Income Tax, Central Circle-3, Surat vs. M/S. Harshit Gems Ltd., Surat

In the result, assessee’s Co is allowed and Revenue’s appeal is dismissed

ITA 313/SRT/2022[2012-13]Status: DisposedITAT Surat13 Jun 2023AY 2012-13

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 139(1)Section 143(3)Section 147Section 148Section 153(2)Section 153(3)Section 254(1)Section 263

assessee filed its return of income on 27.04.2019. The time limit for completion of re-assessment order as per section 153(2) of the Act was upto 31.12.2019 i.e., within nine months from the end of financial year in which the notice under section 148 was served. The assessing officer ... passed assessment order under section 143(3) rws 147 on 21.06.2022 which is beyond the time period prescribed under section 153(2) of the Act. Since the assessment order was passed beyond the time period prescribed under the Act and therefore the order is bad in law and subsequent action

Kakrla Surya Gangadhar Tilak, Visakhapatnam vs. The Income Tax Officer, Ward-3(3), Visakhapatnam

In the result, appeals filed by the assessee are allowed

ITA 178/VIZ/2020[2007-08]Status: DisposedITAT Visakhapatnam31 May 2023AY 2007-08

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./I.T.A.No.177/Viz/2020 (ननधधारण वर्ा / Assessment Year : 2007-08) Smt.Kakarla Guna Vidya Saraswathi Vs. Income Tax Officer C/O Kakrla Surya Gangadhar Tilak Ward-3(3) A-1, Janani Apartments Visakhapatnam Pandurangaswamy Temple Backside Pandurangapuram Visakhapatnam [Pan : Apjpk5999N] आयकर अपील सं./I.T.A.No.178/Viz/2020 (ननधधारण वर्ा / Assessment Year : 2007-08) Sri Kakarla Surya Gangadhar Tilak Vs. Income Tax Officer A-1, Janani Apartments Ward-1(2) Pandurangaswamy Temple Backside Visakhapatnam Pandurangapuram Visakhapatnam [Pan : Ahbpk5319G] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri I.Kama Sastry, Ar प्रत्यधथी की ओर से / Respondent By : Shri O.N.Hari Prasada Rao, Dr सुनवधई की तधरीख / Date Of Hearing : 27.02.2023 घोर्णध की तधरीख/Date Of Pronouncement : 31.05.2023 आदेश /O R D E R Per Shri Duvvuru Rl Reddy: These Appeals Are Filed By The Assessee Against The Orders Of Commissioner Of Income Tax (Appeals) [Cit(A)]-1 Visakhapatnam

For Appellant: Shri I.Kama Sastry, ARFor Respondent: Shri O.N.Hari Prasada Rao, DR
Section 1Section 144Section 148Section 274

legal requirement of service of notice upon the Assessee in terms of Section 148 read with section 282(1) and Section 153(2) of the Act is a jurisdictional pre-condition to finalizing the reassessment. (iv) The onus is on the Revenue to show that proper service of notice

Kakarla Guna Vidya Saraswathi, Visakhapatnam vs. The Income Tax Officer, Ward-1(2), Visakhapatnam

In the result, appeals filed by the assessee are allowed

ITA 177/VIZ/2020[2007-08]Status: DisposedITAT Visakhapatnam31 May 2023AY 2007-08

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./I.T.A.No.177/Viz/2020 (ननधधारण वर्ा / Assessment Year : 2007-08) Smt.Kakarla Guna Vidya Saraswathi Vs. Income Tax Officer C/O Kakrla Surya Gangadhar Tilak Ward-3(3) A-1, Janani Apartments Visakhapatnam Pandurangaswamy Temple Backside Pandurangapuram Visakhapatnam [Pan : Apjpk5999N] आयकर अपील सं./I.T.A.No.178/Viz/2020 (ननधधारण वर्ा / Assessment Year : 2007-08) Sri Kakarla Surya Gangadhar Tilak Vs. Income Tax Officer A-1, Janani Apartments Ward-1(2) Pandurangaswamy Temple Backside Visakhapatnam Pandurangapuram Visakhapatnam [Pan : Ahbpk5319G] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri I.Kama Sastry, Ar प्रत्यधथी की ओर से / Respondent By : Shri O.N.Hari Prasada Rao, Dr सुनवधई की तधरीख / Date Of Hearing : 27.02.2023 घोर्णध की तधरीख/Date Of Pronouncement : 31.05.2023 आदेश /O R D E R Per Shri Duvvuru Rl Reddy: These Appeals Are Filed By The Assessee Against The Orders Of Commissioner Of Income Tax (Appeals) [Cit(A)]-1 Visakhapatnam

For Appellant: Shri I.Kama Sastry, ARFor Respondent: Shri O.N.Hari Prasada Rao, DR
Section 1Section 144Section 148Section 274

legal requirement of service of notice upon the Assessee in terms of Section 148 read with section 282(1) and Section 153(2) of the Act is a jurisdictional pre-condition to finalizing the reassessment. (iv) The onus is on the Revenue to show that proper service of notice

State Bank of India-Cag Branch, Mumbai vs. ACIT-TDS-2(2), Mumbai

In the result, all the appeals filed by the assessee are allowed for statistical

ITA 2726/MUM/2022[2012-13]Status: DisposedITAT Mumbai28 Apr 2023AY 2012-13

Bench: Shri Om Prakash Kant, Am & Ms. Kavitha Rajagopal, Jm

For Appellant: Shri Nitesh Joshi a/w Ninad PatadeFor Respondent: Shri Paresh Deshpande
Section 10(5)Section 192Section 201Section 201(1)Section 250

IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI OM PRAKASH KANT, AM AND MS. KAVITHA RAJAGOPAL, JM

State Bank of India-Corporate Centre, Mumbai vs. Commissioner of Income-Tax (Appeals). NFAC, Mumbai

In the result, all the appeals filed by the assessee are allowed for statistical

ITA 2609/MUM/2022[2013-14]Status: DisposedITAT Mumbai28 Apr 2023AY 2013-14

Bench: Shri Om Prakash Kant, Am & Ms. Kavitha Rajagopal, Jm

For Appellant: Shri Nitesh Joshi a/w Ninad PatadeFor Respondent: Shri Paresh Deshpande
Section 10(5)Section 192Section 201Section 201(1)Section 250

IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI OM PRAKASH KANT, AM AND MS. KAVITHA RAJAGOPAL, JM

M.K Rajendran Pillai, Pathanamthitta vs. Assistant Commissioner of Income Tax, Central Circle, Kollam

In the result the appeals for AYs 2012-13 to 2017-18 stand partly allowed whereas the appeal for AY 2018-19 stands allowed on legal grounds in terms of our above order

ITA 586/COCH/2022[2018-2019]Status: DisposedITAT Cochin20 Jan 2023AY 2018-2019

Bench: Hon’Ble Shri Satbeer Singh Godara, J.M. & Hon’Ble Shri Manoj Kumar Aggarwal, A.M.

For Appellant: Shri Sajjan Kumar Tulsiyan (Advocate)-Ld. ARFor Respondent: Smt. J.M Jamuna Devi (Addl. CIT) – Ld. DR
Section 143(3)Section 144Section 153ASection 245C(1)

issuance of the notice under section 143(2) of the Act has expired or the time for completing the reassessment proceedings under section 153(2) of the Act has run out, the failure to issue such notice under section 143(2) of the Act would result in the entire proceedings

M.K Rajendran Pillai, Pathanamthitta vs. Assistant Commissioner of Income Tax, Central Circle, Kollam

In the result the appeals for AYs 2012-13 to 2017-18 stand partly allowed whereas the appeal for AY 2018-19 stands allowed on legal grounds in terms of our above order

ITA 585/COCH/2022[2017-2018]Status: DisposedITAT Cochin20 Jan 2023AY 2017-2018

Bench: Hon’Ble Shri Satbeer Singh Godara, J.M. & Hon’Ble Shri Manoj Kumar Aggarwal, A.M.

For Appellant: Shri Sajjan Kumar Tulsiyan (Advocate)-Ld. ARFor Respondent: Smt. J.M Jamuna Devi (Addl. CIT) – Ld. DR
Section 143(3)Section 144Section 153ASection 245C(1)

issuance of the notice under section 143(2) of the Act has expired or the time for completing the reassessment proceedings under section 153(2) of the Act has run out, the failure to issue such notice under section 143(2) of the Act would result in the entire proceedings

M.K Rajendran Pillai, Pathanamthitta vs. Assistant Commissioner of Income Tax, Central Circle, Kollam

In the result the appeals for AYs 2012-13 to 2017-18 stand partly allowed whereas the appeal for AY 2018-19 stands allowed on legal grounds in terms of our above order

ITA 584/COCH/2022[2016-2017]Status: DisposedITAT Cochin20 Jan 2023AY 2016-2017

Bench: Hon’Ble Shri Satbeer Singh Godara, J.M. & Hon’Ble Shri Manoj Kumar Aggarwal, A.M.

For Appellant: Shri Sajjan Kumar Tulsiyan (Advocate)-Ld. ARFor Respondent: Smt. J.M Jamuna Devi (Addl. CIT) – Ld. DR
Section 143(3)Section 144Section 153ASection 245C(1)

issuance of the notice under section 143(2) of the Act has expired or the time for completing the reassessment proceedings under section 153(2) of the Act has run out, the failure to issue such notice under section 143(2) of the Act would result in the entire proceedings

M.K Rajendran Pillai, Pathanamthitta vs. Assistant Commissioner of Income Tax, Central Circle, Kollam

In the result the appeals for AYs 2012-13 to 2017-18 stand partly allowed whereas the appeal for AY 2018-19 stands allowed on legal grounds in terms of our above order

ITA 583/COCH/2022[2015-2016]Status: DisposedITAT Cochin20 Jan 2023AY 2015-2016

Bench: Hon’Ble Shri Satbeer Singh Godara, J.M. & Hon’Ble Shri Manoj Kumar Aggarwal, A.M.

For Appellant: Shri Sajjan Kumar Tulsiyan (Advocate)-Ld. ARFor Respondent: Smt. J.M Jamuna Devi (Addl. CIT) – Ld. DR
Section 143(3)Section 144Section 153ASection 245C(1)

issuance of the notice under section 143(2) of the Act has expired or the time for completing the reassessment proceedings under section 153(2) of the Act has run out, the failure to issue such notice under section 143(2) of the Act would result in the entire proceedings

M.K Rajendran Pillai, Pathanamthitta vs. Assistant Commissioner of Income Tax, Central Circle, Kollam

In the result the appeals for AYs 2012-13 to 2017-18 stand partly allowed whereas the appeal for AY 2018-19 stands allowed on legal grounds in terms of our above order

ITA 582/COCH/2022[2014-2015]Status: DisposedITAT Cochin20 Jan 2023AY 2014-2015

Bench: Hon’Ble Shri Satbeer Singh Godara, J.M. & Hon’Ble Shri Manoj Kumar Aggarwal, A.M.

For Appellant: Shri Sajjan Kumar Tulsiyan (Advocate)-Ld. ARFor Respondent: Smt. J.M Jamuna Devi (Addl. CIT) – Ld. DR
Section 143(3)Section 144Section 153ASection 245C(1)

issuance of the notice under section 143(2) of the Act has expired or the time for completing the reassessment proceedings under section 153(2) of the Act has run out, the failure to issue such notice under section 143(2) of the Act would result in the entire proceedings

M.K Rajendran Pillai, Pathanamthitta vs. Assistant Commissioner of Income Tax, Central Circle, Kollam

In the result the appeals for AYs 2012-13 to 2017-18 stand partly allowed whereas the appeal for AY 2018-19 stands allowed on legal grounds in terms of our above order

ITA 581/COCH/2022[2013-2014]Status: DisposedITAT Cochin20 Jan 2023AY 2013-2014

Bench: Hon’Ble Shri Satbeer Singh Godara, J.M. & Hon’Ble Shri Manoj Kumar Aggarwal, A.M.

For Appellant: Shri Sajjan Kumar Tulsiyan (Advocate)-Ld. ARFor Respondent: Smt. J.M Jamuna Devi (Addl. CIT) – Ld. DR
Section 143(3)Section 144Section 153ASection 245C(1)

issuance of the notice under section 143(2) of the Act has expired or the time for completing the reassessment proceedings under section 153(2) of the Act has run out, the failure to issue such notice under section 143(2) of the Act would result in the entire proceedings

M.K Rajendran Pillai, Pathanamthitta vs. Assistant Commissioner of Income Tax, Central Circle, Kollam

In the result the appeals for AYs 2012-13 to 2017-18 stand partly allowed whereas the appeal for AY 2018-19 stands allowed on legal grounds in terms of our above order

ITA 580/COCH/2022[2012-2013]Status: DisposedITAT Cochin20 Jan 2023AY 2012-2013

Bench: Hon’Ble Shri Satbeer Singh Godara, J.M. & Hon’Ble Shri Manoj Kumar Aggarwal, A.M.

For Appellant: Shri Sajjan Kumar Tulsiyan (Advocate)-Ld. ARFor Respondent: Smt. J.M Jamuna Devi (Addl. CIT) – Ld. DR
Section 143(3)Section 144Section 153ASection 245C(1)

issuance of the notice under section 143(2) of the Act has expired or the time for completing the reassessment proceedings under section 153(2) of the Act has run out, the failure to issue such notice under section 143(2) of the Act would result in the entire proceedings