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“Section 154(3)”

Section References (mined)Section 154Section 154(3)47 judgments

The decision most relied on for Section 154(3) is Fatehraj Singhvi v. UOI (73 Taxmann.com 252), cited in 1,778 judgments on BharatTax.

Leading authorities on Section 154(3)

Fatehraj Singhvi v. UOI
73 Taxmann.com 252 · 2016 · High Court
1,778
citing judgments

Late fees under section 234E are not applicable for periods prior to June 1, 2015, as the amendment to section 200A inserting clause (c) was effective from that date.

Kourani v. Union OF India
83 Taxmann.com 137 · 2017 · High Court
1,708
citing judgments

The fee under Section 234E for late filing of TDS/TCS statements cannot be levied retrospectively by processing an intimation under Section 200A for defaults occurring before the amendment allowing such processing.

Fateh Raj Singhvi & Ors. v. UOI
289 CTR 602 · 2016 · High Court
844
citing judgments

A fee under Section 234E cannot be levied or adjusted in an intimation under Section 200A for TDS statements pertaining to periods prior to June 1, 2015, as the enabling amendment to Section 200A(1)(c) came into effect only from that date.

ACIT v. Vireet Investment Pvt. Ltd.
82 Taxmann.com 415 · 2017 · High Court
789
citing judgments

Disallowance computed under Section 14A, read with Rule 8D, cannot be added to book profits under Section 115JB for Minimum Alternate Tax (MAT) purposes. Additionally, for Section 14A disallowance, only investments that yielded exempt income during the year are considered for calculating their average value.

McDowell & Co. Ltd. v. CTO
154 ITR 148 · 1985 · Supreme Court
741
citing judgments

The Supreme Court held that while legitimate tax planning is permissible, transactions structured as a "colourable device" or "subterfuge" solely to avoid tax are impermissible. It mandates a judicial shift to look beyond the form to the substance of a transaction, allowing the lifting of the corporate veil in tax evasion arrangements.

Rashmikant Kundalia v. Union of India
54 Taxmann.com 200 · 2015 · High Court
702
citing judgments

Section 234E, levying late fees for delayed filing of TDS statements under section 200(3), is constitutionally valid and constitutes a compensatory fee, not a punitive penalty. Before treating any person as an assessee-in-default, an opportunity of being heard must be provided.

Godrej & Boyce Manufacturing Company Ltd. v. DCIT
394 ITR 449 · 2017 · Supreme Court
683
citing judgments

Expenditure can only be disallowed under Section 14A if the income is exempt and not part of the total income. The Assessing Officer must first record dissatisfaction with the assessee's accounts or computation before proceeding to make a disallowance under Section 14A or applying Rule 8D.

CIT v. Manu Engg
122 ITR 306 · 1980 · High Court
505
citing judgments

When levying a penalty under Section 271(1)(c), the Assessing Officer must clearly specify whether it is for concealment of income or furnishing inaccurate particulars. An ambiguous notice or order using "and/or" for these limbs, or a standard proforma without striking irrelevant clauses, indicates non-application of mind and renders the penalty unsustainable.

Judgments citing Section 154(3)

The Tamil Nadu Dr Ambedkar Law University, Chennia vs. Income- Tax Officer (Exemptions) Ward 1, Chennai

In the result, the appeal filed by the assessee is allowed

ITA 833/CHNY/2026[2019-2020]Status: DisposedITAT Chennai06 Mar 2026AY 2019-2020

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.:833/Chny/2026 िनधा"रण वष"/Assessment Year: 2019-20 The Tamil Nadu Dr. The Income Tax Officer Ambedkar Law University, Vs. (Exemptions), No.5, Poompozhil Campus, Ward 1, Dr. Dgs Dinakaran Salai, Chennai. Raja Annamalaipuram, Chennai – 600 028. Pan: Aadat 3528N (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Vikram Vijayaraghavan, Advocate ""यथ" क" ओर से/Respondent By : Ms. Ann Mary Baby, Cit सुनवाई क" तारीख/Date Of Hearing : 05.03.2026 घोषणा क" तारीख/Date Of Pronouncement : 06.03.2026 आदेश/ O R D E R Per George George K: This Appeal Filed By The Assessee Is Directed Against The Addl/Jcit(A)-2, Pune Order Dated 27.01.2026 Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Year Is 2019-20 :- 2 -:

For Appellant: Shri Vikram VijayaraghavanFor Respondent: Ms. Ann Mary Baby, CIT
Section 139(1)Section 147Section 148Section 154Section 154(3)Section 250

rectification order passed u/s.154 r.w.s.147 of the Act on 24.12.2024, demand of Rs.9,23,01,237/- has been raised against the assessee trust. Section 154(3) of the Act contemplates issuance of a notice if the proposed rectification results in enhancement of assessment / reducing of refund / increasing the liability

Bbg Metal Syndicate Pvt. Ltd, Cuttack vs. DCIT Circle-1, Cuttack

In the result, we are of the view that no inference called for in the order of the CIT(A) and consequently we dismissed the same

ITA 361/CTK/2025[2020-21]Status: DisposedITAT Cuttack24 Sept 2025AY 2020-21

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.361/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2020-2021) Bbg Metal Syndicate Pvt. Ltd. Vs Dcit, Circle-1(1),Cuttack Badambadi, Behind Traffic Tower, Cuttack, 753009 Pan No. : Aaecb 4011 H (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri K. K Bal, Ar राजस्व की ओर से /Revenue By : Shri Vijay Singh, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 24/09/2025 घोषणा की तारीख/Date Of Pronouncement : 24/09/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of Ld.Cit(A), National Faceless Appeal Centre(Nfac), Delhi Dated 28.03.2025 For The Assessment Year 2015-2016. 2. It Was Submitted By The Ld. Ar That The Returned Filed By The Assessee Came To Be Processed & Intimation Came To Be Issued U/S. 143(1) Of The Act. The Assessee Had Filed Rectification Application & The Cpc Had Rejected The Rejection Application. It Was Submission That It Was Not A Effective Rejection But Was In Fact Reprocessing Of The Intimation U/S. 143(1) Of The Act. It Was Submission That On Appeal The Ld.Cit(A) Had Observed The Page 3 Of His Order That The Issue Were Purely Factual & Required Verification Of The Claim At The End Of The Ao & At Consequently, Directed The Ao To Verify The Claim Made By The Appellant & Passed A Speaking Order U/S. 154 Of The Act Giving An Opportunity Of Being Heard

For Appellant: Shri K. K Bal, ARFor Respondent: Shri Vijay Singh, Sr. DR
Section 143(1)Section 154Section 154(3)

आयकर अपीलीय अधिकरण, कटक न्यायपीठ,कटक IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH CUTTACK (THROUGH VIRTUAL HEARING) श्री जाजज