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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)

Ramakrishnan Prabhu Jyothi, Coimbatore vs. Acot, Ncc-5, Coimbatore

ITA 690/CHNY/2020[2016-17]Status: DisposedITAT Chennai23 Aug 2024AY 2016-17

Bench: Shri Ss Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./Ita Nos.690/Chny/2020 निर्धारण वर्ष /Assessment Years: 2016-17 Ramakrishnan Prabhu Jyothi, Race Course, Coimbatore, Tamil Nadu-641018, [Pan: Adjpp4946N] Asst. Commissioner Of Income Tax, Non-Corporate Circle-5, Coimbatore. (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Appellant By : Shri N.P.Vijay Kumar, Advocate प्रत्यर्थी की ओर से /Respondent By : Shri Nilay Baran Som, Cit सुनवाई की तारीख/Date Of Hearing : 27.05.2024 घोषणा की तारीख /Date Of Pronouncement : 23.08.2024 आदेश / Order Per Amitabh Shukla, A.M : This Appeal Is Filed Against The Order Bearing Din & Order No.Itba/Apl/S/250/2029-20/1026334108(1) Dated 09.03.2020 Of The Learned Commissioner Of Income Tax [Herein After “Cit(A), For The

For Appellant: Shri N.P.Vijay Kumar, AdvocateFor Respondent: Shri Nilay Baran Som, CIT
Section 142ASection 142A(1)Section 142A(6)Section 143(1)Section 153Section 153(1)Section 250

contrary to provisions of law and facts. Time barred assessment 2. The Assessment Year in question is 2016-2017. By virtue of Section 153(1) as applicable to the said Assessment year, the assessment is to be completed within period of 21 months. The period of 21 months commencing from ... Ld.AO for the AY-2016-17 is barred by limitation. It is the case of the assesse that within meanings of section 153(1) stipulating completion of assessment within 21 months, the time limit ended on 31.12.2018. It has been argued that assuming validity of 142A(1), the AO vide

DCIT Circle -1 (Exemptions) Ahmedabad, Ahmedabad vs. Gujarat State Board of School Text Book, Gandhinagar

In the result, appeal preferred by the Revenue is dismissed

ITA 51/AHD/2024[2014-15]Status: DisposedITAT Ahmedabad01 Jul 2024AY 2014-15

Bench: Ms. Suchitra Raghunath Kamble, Judical Member & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 51/Ahd/2024 ("नधा"रण वष" / Assessment Year : 2014-15) Dcit Gujarat State Board Of बनाम/ Circle-1 (Exemptions), School Text Book Vs. Ahmedabad Vidhyayan Sector 10-A, Gandhinagar, Ahmedabad, Gujarat 382010 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaatg4671P (Appellant) .. (Respondent) Dr. Darsi Suman Ratnam, Cit. Dr अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Shri M. K. Patel, Advocate 25/06/2024 Date Of Hearing Date Of Pronouncement 01/07/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: This Appeal Is Filed By The Revenue Against The Order Of The National Faceless Appeal Centre (Nfac) (In Short ‘The Cit(A)’) Dated 11.12.2023 For A.Y. 2014-15. 2. The Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For A.Y. 2014-15 On 28.11.2014 Declaring Nil Income As The Entire Income Was Claimed Exempt Under Section

For Respondent: Shri M. K. Patel, Advocate
Section 11Section 11(2)Section 12ASection 12A(1)(b)Section 143(1)Section 153(1)Section 154

reason that the Form No.10 was not filed along with the return of income. It is found from the intimation under Section 153(1) of the Act that a note was given for disallowing the claim of exemption under Section 11(2) of the Act and the said note