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“Section 153(6)”

Section References (mined)Section 153Section 153(6)22 judgments

The decision most relied on for Section 153(6) is 153 (Gujarat) 8 Shakti Karnawat v. ITO (296 ITR 90), cited in 171 judgments on BharatTax.

Leading authorities on Section 153(6)

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.

ACIT v. Prakash I. Shah
115 ITD 167 · 2008 · ITAT
51
citing judgments

The department cannot improve upon the Assessing Officer's case by changing the basis of additions without issuing a show cause notice to the assessee.

CIT v. BJN Hotels Ltd.
382 ITR 110 · 2016 · High Court
40
citing judgments

An assessment order that is not served on the assessee before the assessment's time-barring date is considered non-est, meaning it is void and without legal effect.

CIT v. Emptee Poly Tarn Pvt. Ltd.
320 ITR 665 · 2010 · Supreme Court
34
citing judgments

The Supreme Court recognizes that complex issues may necessitate reliance on prior Apex Court decisions. This case is cited alongside others for considering such complex matters.

65 23 DTR 171 (Del); DCIT v. Premsons 'B' Bench Mumbai BCA April
130 TTJ 159 · 2010 · ITAT
29
citing judgments

Additions to income cannot be made based solely on statements or confessions recorded at the time of a search, without corroborating evidence. Such confessions lack evidentiary value if not supported by other proof.

Prakash Lal Khandelwal v. CIT
151 Taxmann.com 72 · 2023 · High Court
26
citing judgments

A satisfaction note for reassessment proceedings is invalid if it does not mention a Document Identification Number (DIN), as mandated by CBDT Circulars. The case clarifies that the absence of a DIN renders the notice procedurally flawed.

DIT v. OHM Ltd.
352 ITR 406 · 2013 · High Court
24
citing judgments

Income from services rendered in connection with the extraction and production of mineral oils is taxable under section 44BB, as it is a specific provision that overrides general provisions.

6 (Guj.) FedEx Express Transportation and Supply Chain (iii) Services (India) (P.) Ltd. v. DCIT
108 Taxmann.com 542 · 2019 · Reported
19
citing judgments

An assessment order passed based on a draft assessment order issued to a non-existent entity is void ab initio. This applies where a draft assessment order under section 144C was passed in the name of an amalgamating company that was no longer in existence on the date of the order.

Judgments citing Section 153(6)