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“initial assessment year”

DeductionsSection 80IASection 80IA311 judgments

The decision most relied on for initial assessment year is Hindustan Lever Ltd. v. R.B. Wadkar (268 ITR 332), cited in 695 judgments on BharatTax.

Leading authorities on initial assessment year

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. Murli Agro Products Ltd.
49 Taxmann.com 172 · 2014 · High Court
331
citing judgments

Proceedings under Section 153A are initiated only if assessment/reassessment proceedings are pending on the date of search/requisition. Already finalized assessments for the years covered under Section 153A do not abate.

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.

CIT v. Foramer France
264 ITR 566 · 2003 · Supreme Court
253
citing judgments

Reassessment proceedings initiated under Section 147 beyond four years from the end of the relevant assessment year are invalid unless the assessee failed to disclose fully and truly all material facts necessary for assessment. Without such failure, the notice issued under Section 148 is time-barred and without jurisdiction.

Ganga Saran and Sons P. Ltd. v. ITO
130 ITR 1 · 1981 · Supreme Court
234
citing judgments

A mere charge of bogus expenses, without a specific finding that the assessee failed to disclose material facts, is insufficient to justify reassessment beyond four years under the first proviso to Section 147. Courts can examine the materiality and relevance of facts forming the 'reason to believe' for initiating reassessment, ensuring it is based on reasonable grounds.

Velayudhaswamy Spinning Mills (P) Ltd. v. ACIT
340 ITR 477 · 2012 · High Court
213
citing judgments

If unabsorbed depreciation or losses from years prior to the initial assessment year for Section 80-IA claim have already been set off against other income, they cannot be notionally carried forward again to reduce the profits of the eligible unit for computing deduction under Section 80-IA. The notional carry forward provision under Section 80-IA(5) applies only to unabsorbed depreciation or losses that have not yet been absorbed.

Indian National Congress v. DCIT
463 ITR 431 · 2024 · High Court
167
citing judgments

A consolidated satisfaction note covering multiple assessment years is valid for initiating proceedings under section 153C, provided the seized material and the additions rest on incriminating evidence pertaining to those years.

Judgments citing initial assessment year

Bsl Ltd., Rajasthan vs. DCIT, Central Circle- 31, New Delhi

In the result, appeal of the assessee is allowed

ITA 6612/DEL/2018[2011-12]Status: DisposedITAT Delhi12 May 2023AY 2011-12

Bench: Sh. Anil Chaturvedi & Sh. Yogesh Kumar Usbsl Ltd., Vs. Dcit 26, Industrial Area, Central Circle-31, Post Box No. 17, New Delhi. Gandhi Nagar, Bhilwara, Rajasthan-311 001 Pan No. Aabcb0639G (Appellant) (Respondent) Assessee By Shri Satyajeet Goel, Adv. Revenue By Shri Kanv Bali, Sr. Dr Date Of Hearing: 03.05.2023 Date Of Pronouncement: 12.05.2023 Order Per Anil Chaturvedi, Am : This Appeal Filed By The Assessee Is Directed Against The Order Dated 29.08.2018 Of The Commissioner Of Income Tax (Appeals)-4, Kolkata Relating To Assessment Year 2011-12. 2. Assessee Is The Company Stated To Be Engaged In The Business Of Manufacturing & Trading Of Synthetic/Wollen/Worsted Yarn Fabrics & Synthetics Fabrics, Manufacturing & Trading Of Ready-Made Garments, Generation Of Power, Processing Of Synthetics Etc. Assessee Electronically Filed Its Return Of Income Bsl Ltd. Vs. Dcit 2

Section 115JSection 143(3)Section 801Section 80I

windmill division and, therefore, the claim of deduction u/s 80IA of the Act was not allowable. The submissions of the assessee that the initial assessment year for the purpose of claiming deduction under 80IA was AY 2011-12 and any loss or unabsorbed depreciation of earlier years which has already ... assessee has claimed the deduction though had started the operations in FY 2003-04 but assessee had opted AY 2011-12 as the initial assessment year and had claimed the deduction u/s 80IA for the first time. It is further the claim of the assessee that from