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“section 153C proceedings”

Search & SeizureSection 153CSection 153C205 judgments

The decision most relied on for section 153C proceedings is CIT v. Continental Warehousing Corporation (Nhava Sheva) Ltd. (374 ITR 645), cited in 1,823 judgments on BharatTax.

Leading authorities on section 153C proceedings

CIT v. Continental Warehousing Corporation (Nhava Sheva) Ltd.
374 ITR 645 · 2015 · High Court
1,823
citing judgments

In Section 153A proceedings, the scope of assessment extends to abated proceedings, enabling an assessee to raise fresh legal claims that could have been made in regular assessment proceedings.

Hindustan Lever Ltd. v. R.B. Wadkar
268 ITR 332 · 2004 · High Court
695
citing judgments

The validity of reassessment proceedings initiated under Section 147, by issuing a notice under Section 148, must be judged solely on the reasons originally recorded by the Assessing Officer. These recorded reasons cannot be supplemented, improved upon, or modified at any later stage.

CIT v. Nikunj Exim Enterprises Pvt. Ltd.
372 ITR 619 · 2015 · High Court
391
citing judgments

Transactions defying human probability cannot be applied to isolated purchases if sales are accepted as genuine, and purchases cannot be disallowed without considering the entire transaction and documentary evidence. Failure to produce parties in an assessment proceeding may not be fatal to the assessee.

CIT v. IBC Knowledge Park (P.) Ltd.
385 ITR 346 · 2016 · High Court
371
citing judgments

A statement made by an assessee under Section 131 during search proceedings, without any corroborating incriminating material found during the search, cannot solely constitute incriminating evidence for making additions in assessments under Section 153A or 153C.

CIT v. Jai Parabolic Springs Ltd.
306 ITR 42 · 2008 · High Court
349
citing judgments

An assessee can make an additional claim for deduction or file a revised computation of income during assessment proceedings, even if a revised return of income has not been filed. Such additional claims or grounds can also be admitted at the appellate stage.

SSP Aviation Ltd. v. Deputy Commissioner of Income Tax
346 ITR 177 · 2012 · High Court
308
citing judgments

The date of initiation of search or requisition for the purpose of abatement of assessment proceedings is the date of search or requisition, or the date of receipt of seized documents by the jurisdictional Assessing Officer, whichever is later. Proceedings under section 153C can only be initiated by the Assessing Officer of the searched person after being satisfied that seized documents belong to another person.

ARN Infrastructure India Ltd. v. Asstt. CIT
394 ITR 569 · 2017 · High Court
282
citing judgments

For initiating proceedings under Section 153C, seized documents must be incriminating and specifically relate to the assessment years for which assessments are reopened. A document relevant only for one year cannot be used to reopen other assessment years without being incriminating for those years.

DCIT v. Sunil Kumar Sharma
159 Taxmann.com 179 · 2024 · High Court
269
citing judgments

Loose sheets of paper containing jottings, not shown to be part of regularly maintained books of accounts, do not constitute incriminating material for initiating assessment under section 153C. The satisfaction note required for 153C proceedings must specify the assessment year to which the alleged incriminating material belongs.

Judgments citing section 153C proceedings

Super Bazar Stores Pvt Ltd, Delhi vs. ACIT, Central Circle-6, Delhi

ITA 828/DEL/2025[2015-16]Status: DisposedITAT Delhi30 Sept 2025AY 2015-16

Bench: Sh. Satbeer Singh Godara & Sh. Manish Agarwalita No. 827/Del/2025 : Asstt. Year : 2014-15 Ita No. 828/Del/2025 : Asstt. Year : 2015-16 Super Bazar Stores Pvt. Ltd./Pvt. Vs Acit, Ltd. Company Through It’S Director Central Circle-6/Cit(A)-Xiv, Sh. Ashok Kumar Gupta, New Delhi-110055 C/O M/S Radheshyam Sharma & Co., Chartered Accountants, 351, Iiird Floor, Aggarwal Modern Bazar, Lawrence Road, Indl. Area, New Delhi-110035 (Appellant) (Respondent) Pan No. Aascs6467N Assessee By : None Revenue By : Sh. Om Parkash, Sr. Dr Date Of Hearing: 30.09.2025 Date Of Pronouncement: 30.09.2025 Order Per Satbeer Singh Godara: These Assessee’S Twin Appeals In Ita Nos. 827 & 828/Del/2025 For Assessment Years 2014-15 & 2015-16, Arise Against The Cit(A)-24, New Delhi’S Din & Order No. Itba/Apl/M/250/2024-25/1071267373(1) & 1071267052(1) Dated 16.12.2024, In Proceedings U/S 147 R.W.S. 143(3) Of The Income Tax Act, 1961 (In Short “The Act”), Respectively.

For Appellant: NoneFor Respondent: Sh. Om Parkash, Sr. DR
Section 147Section 148Section 153C

assessee’s appeal ITA No. 9757/Del/2019 for assessment year 2014-15 decided on 09.04.2025 has already quashed the lower authorities’ action initiating section 153C proceedings as well as the assessment framed thereunder, as non-est in the eyes of law. This clinching factual position has gone un-rebutted from