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“Section 153(1)”

Section References (mined)Section 153Section 153(1)694 judgments

The decision most relied on for Section 153(1) is Shree Chamundi Mopeds Ltd. v. Church of South India Trust Association (3 SCC 1), cited in 267 judgments on BharatTax.

Leading authorities on Section 153(1)

Shree Chamundi Mopeds Ltd. v. Church of South India Trust Association
3 SCC 1 · 1992 · Reported
267
citing judgments

If an issue has been decided by a competent court or bench, and that decision remains undisturbed by a higher court, subsequent appeals on the same issue can be dismissed as being covered by the earlier judgment, underscoring judicial discipline.

CIT v. Godavari Devi Saraf
113 ITR 589 · 1978 · High Court
235
citing judgments

An Income-tax Tribunal, operating anywhere in the country, must respect and follow the law laid down by any High Court, even if it is a non-jurisdictional High Court, as long as there is no contrary decision from another High Court on that specific legal point. The law declared by such a High Court is considered the final law of the land for the Tribunal.

Shelf Drilling 4. In ACIT (International Taxation) v. Shelf Drilling Ron Tappmeyer Ltd.
177 Taxmann.com 262 · 2025 · Supreme Court
216
citing judgments

The Supreme Court has not reached a majority verdict on whether the time spent in Dispute Resolution Panel (DRP) proceedings under Section 144C should be included within the overall limitation period prescribed by Section 153(3). Consequently, the legal position on the interplay between Sections 144C and 153 remains unresolved at the Supreme Court level.

(i) Sultana Begum v. Prem Chand Jain
1 SCC 373 · 1997 · Reported
187
citing judgments

A statute must be read as a whole, construing every clause with reference to its context and other provisions, to determine the legislature's real intention and ensure a consistent enactment. This principle, known as "ex visceribus actus," helps avoid inconsistencies within the law.

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.

Sultana Begum v. Prem Chand Jain
259 ITR 449 · 2003 · Supreme Court
147
citing judgments

Section 144C(4) uses a non-obstante clause to expedite the final assessment order, requiring the Assessing Officer to pass it immediately upon acceptance or lack of objection to the TPO's order, irrespective of broader time limits under Section 153.

CIT v. Lancy Constructions
237 Taxmann 728 · 2016 · High Court
146
citing judgments

A High Court's decision that approves an ITAT's ruling, which was based on another case, is considered in later judicial pronouncements concerning assessment proceedings.

State of Punjab v. Bhatinda District Coop. Milk Producers Union Ltd.
11 SCC 363 · 2007 · Reported
140
citing judgments

Statutory authorities must exercise their suo motu or revisional powers within a reasonable period, even if the governing statute does not prescribe a specific limitation period. What constitutes a 'reasonable period' depends on the nature of the statute, the rights and liabilities involved, and other relevant factors.

Judgments citing Section 153(1)

Tmeic Industrial Systems India Private Limited, Hyderabad vs. DCIT., Circle 2(1), Hyderabad

In the result, the appeal of the assessee is allowed in terms of our aforesaid observations

ITA 898/HYD/2024[2020-21]Status: DisposedITAT Hyderabad12 Dec 2025AY 2020-21

Bench: Shri Ravish Sooda N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.898/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2020-21) M/S. Tmeic Industrial Vs. Dy.Cit Systems India Private Limited Circle 2(1) Hyderabad Hyderabad Pan: Aadct5493J (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: C.As, K. C. Devdas, Kranthi Palivela & Mrudulatha राज" व "ारा/Revenue By: Smt. U. Mini Chandran, Cit (Dr) सुनवाई की तारीख/Date Of Hearing: 08/12/2025 घोषणा की तारीख/Pronouncement: 12/12/2025 आदेश/Order Per Madhusudan Sawdia, A.M.:

For Appellant: C.As, K. C. Devdas, KranthiFor Respondent: Smt. U. Mini Chandran, CIT (DR)
Section 143(3)Section 254

pointed out that the time limit for passing the assessment order for AY 2020-21, in the normal course, as per the section 153(1) of the Act was up to 30.09.2022. He further submitted that since the case of the assessee was referred to the Learned Transfer Pricing Officer ... assessment order cannot exceed Page 10 of 37 ITA No 898 of 2024 TMEIC Industrial Systems India P Ltd the limit prescribed under section 153(1) read with section 153(4) of the Act. He further argued that the limitation under section 144C(13) of the Act is only

Western Up Tollway Limited, New Delhi vs. DCIT Circle -8(1), Hyderabad

In the result, all the appeals of the assessees are allowed in terms of our aforesaid observations

ITA 67/HYD/2022[2017-18]Status: DisposedITAT Hyderabad12 Dec 2025AY 2017-18

Bench: Shri Ravish Sooda N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita Tp Nos.67/Hyd/2022 & 493/Hyd/2022 (िनधा"रण वष"/Assessment Years: 2017-18 & 2018-19) M/S Western Up Tollway Vs. Deputy Commissioner Of Limited, New Delhi Income Tax, Circle 8(1) Pan:Aaacw6002B Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita Tp No. 170/Hyd/2022 (िनधा"रण वष"/Assessment Year: 2017-18) M/S Mahua Bharatpur Vs. Deputy Commissioner Of Expressways Ltd, Income Tax, Circle 5(1) Hyderabad Hyderabad Pan:Aaecm4426F (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Advocates Ajay Vohra & Ananya Kapoor राज" व "ारा/Revenue By:: Smt. U. Mini Chandran, Cit (Dr) सुनवाई की तारीख/Date Of Hearing: 09/12/2025 घोषणा की तारीख/Pronouncement: 12/12/2025 आदेश/Order Per Bench: These Three Appeals Are Filed By M/S. Western Up Tollway Ltd (2) & Mahua Bharatpur Expressways Ltd (1) (“The Page 1 Of 38

For Appellant: Advocates Ajay Vohra & AnanyaFor Respondent: : Smt. U. Mini Chandran, CIT (DR)
Section 270ASection 92CSection 92C(3)

alone. He pointed out that the time limit for passing the assessment order for AY 2017-18, in the normal course, as per section 153(1) of the Act was up to 31.12.2019. He further submitted that since the case of the assessee was referred to the Learned Transfer Pricing ... 144C of the Act. He further submitted that the overall limitation for passing the final assessment order cannot exceed the limit prescribed under section 153(1) read with section 153(4) of the Act. He further argued that the limitation under section 144C(13) of the Act is only

Western Up Tollway Limited, Noida vs. ACIT, Circle-8(1), Hyderabad

In the result, all the appeals of the assessees are allowed in terms of our aforesaid observations

ITA 493/HYD/2022[2018-19]Status: DisposedITAT Hyderabad12 Dec 2025AY 2018-19

Bench: Shri Ravish Sooda N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita Tp Nos.67/Hyd/2022 & 493/Hyd/2022 (िनधा"रण वष"/Assessment Years: 2017-18 & 2018-19) M/S Western Up Tollway Vs. Deputy Commissioner Of Limited, New Delhi Income Tax, Circle 8(1) Pan:Aaacw6002B Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita Tp No. 170/Hyd/2022 (िनधा"रण वष"/Assessment Year: 2017-18) M/S Mahua Bharatpur Vs. Deputy Commissioner Of Expressways Ltd, Income Tax, Circle 5(1) Hyderabad Hyderabad Pan:Aaecm4426F (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Advocates Ajay Vohra & Ananya Kapoor राज" व "ारा/Revenue By:: Smt. U. Mini Chandran, Cit (Dr) सुनवाई की तारीख/Date Of Hearing: 09/12/2025 घोषणा की तारीख/Pronouncement: 12/12/2025 आदेश/Order Per Bench: These Three Appeals Are Filed By M/S. Western Up Tollway Ltd (2) & Mahua Bharatpur Expressways Ltd (1) (“The Page 1 Of 38

For Appellant: Advocates Ajay Vohra & AnanyaFor Respondent: : Smt. U. Mini Chandran, CIT (DR)
Section 270ASection 92CSection 92C(3)

alone. He pointed out that the time limit for passing the assessment order for AY 2017-18, in the normal course, as per section 153(1) of the Act was up to 31.12.2019. He further submitted that since the case of the assessee was referred to the Learned Transfer Pricing ... 144C of the Act. He further submitted that the overall limitation for passing the final assessment order cannot exceed the limit prescribed under section 153(1) read with section 153(4) of the Act. He further argued that the limitation under section 144C(13) of the Act is only

Mahua Bharatpur Expressways Limited, Hyderabad vs. DCIT, Circle-5(1), Hyderabad

In the result, all the appeals of the assessees are allowed in terms of our aforesaid observations

ITA 170/HYD/2022[2017-18]Status: DisposedITAT Hyderabad12 Dec 2025AY 2017-18

Bench: Shri Ravish Sooda N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita Tp Nos.67/Hyd/2022 & 493/Hyd/2022 (िनधा"रण वष"/Assessment Years: 2017-18 & 2018-19) M/S Western Up Tollway Vs. Deputy Commissioner Of Limited, New Delhi Income Tax, Circle 8(1) Pan:Aaacw6002B Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita Tp No. 170/Hyd/2022 (िनधा"रण वष"/Assessment Year: 2017-18) M/S Mahua Bharatpur Vs. Deputy Commissioner Of Expressways Ltd, Income Tax, Circle 5(1) Hyderabad Hyderabad Pan:Aaecm4426F (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Advocates Ajay Vohra & Ananya Kapoor राज" व "ारा/Revenue By:: Smt. U. Mini Chandran, Cit (Dr) सुनवाई की तारीख/Date Of Hearing: 09/12/2025 घोषणा की तारीख/Pronouncement: 12/12/2025 आदेश/Order Per Bench: These Three Appeals Are Filed By M/S. Western Up Tollway Ltd (2) & Mahua Bharatpur Expressways Ltd (1) (“The Page 1 Of 38

For Appellant: Advocates Ajay Vohra & AnanyaFor Respondent: : Smt. U. Mini Chandran, CIT (DR)
Section 270ASection 92CSection 92C(3)

alone. He pointed out that the time limit for passing the assessment order for AY 2017-18, in the normal course, as per section 153(1) of the Act was up to 31.12.2019. He further submitted that since the case of the assessee was referred to the Learned Transfer Pricing ... 144C of the Act. He further submitted that the overall limitation for passing the final assessment order cannot exceed the limit prescribed under section 153(1) read with section 153(4) of the Act. He further argued that the limitation under section 144C(13) of the Act is only

Parexel International (Irl) Limited, Ireland vs. ADIT (Int Taxn)-2, Hyderabad

In the result, the appeal of the assessee is allowed in terms of our aforesaid observations

ITA 447/HYD/2023[2020-21]Status: DisposedITAT Hyderabad10 Dec 2025AY 2020-21

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.447/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2020-21) Parexel International Vs. Additional Director Of (Irl) Limited, Ireland Income Tax Pan:Aaicp4417B Hyderabad (Appellant) (Respondent) िनधा"रती "ारा/Assessee By: Advocate Kanchun Kaushal राज" व "ारा/Revenue By:: Smt. U Mini Chandran, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 19/11/2025 घोषणा की तारीख/Pronouncement: 10/12/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Parexel International (Irl) Limited, Ireland (“The Assessee”), Feeling Aggrieved By The Assessment Order Passed By The Learned Adit (Int. Taxation)-2, Hyderabad (“Ld. Ao”) Dated 07.07.2023 For The A.Y 2020-21. 2. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Advocate Kanchun KaushalFor Respondent: : Smt. U Mini Chandran
Section 143(3)Section 144CSection 144C(13)Section 144C(5)Section 153Section 153(1)Section 153(4)Section 92C

that the time limit for passing the assessment order for AY 2018–19, in the normal course, as per the first proviso to section 153(1) of the Act was up to 30.09.2020. He further submitted that since the case of the assessee was referred to the Learned Transfer Pricing ... 144C of the Act. He further submitted that the overall limitation for passing the final assessment order cannot exceed the limit prescribed under section 153(1) read with section 153(4) of the Act. He further argued that the limitation under section 144C(13) of the Act is only