← All Phrases

“regular assessment”

Chapter I - PreliminarySection 2 - DefinitionsSection 2(40) / Section 143(3) / Section 1442,899 judgments

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

Leading authorities on regular assessment

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.

Lalchand Bhagat Ambica Ram v. CIT
37 ITR 288 · 1959 · Supreme Court
570
citing judgments

Where an assessee maintains regular books of account, and these books are not rejected or found defective by the Assessing Officer, any cash deposits or available cash shown in the cash book, if sufficient to cover the transaction, cannot be treated as unexplained income or an addition under sections 68 or 69A.

Canara Housing Development Co. v. DCIT
49 Taxmann.com 98 · 2014 · High Court
283
citing judgments

Proceedings under Section 153A of the Income Tax Act are not confined solely to incriminating material found during a search, and the Assessing Officer can assess total income for the relevant 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. British Paints India Ltd.
188 ITR 44 · 1991 · Supreme Court
204
citing judgments

The Assessing Officer has a duty to examine whether an assessee's books of account truly disclose the correct income and is not bound to accept the accounting system regularly employed by the assessee or methods followed in earlier years. Each assessment year is a distinct and self-contained unit for tax purposes.

CIT v. Lavanya Land (P) Ltd.
83 Taxmann.com 161 · 2017 · High Court
172
citing judgments

In a search assessment under Section 153A or 153C, additions cannot be sustained if the material or transactions relied upon do not relate or pertain to the assessee. Regular books of accounts not unearthed during search do not constitute incriminating material to justify additions.

All Cargo Global Logistics Ltd. v. Deputy Commissioner of Income-tax
23 Taxmann.com 103 · 2012 · High Court
162
citing judgments

Additions cannot be made under Section 153A for assessment years where original assessments have become final, unless incriminating material relevant to those years is unearthed during the search operation under Section 132.

CIT v. Gurubachhan Singh J. Juneja
302 ITR 63 · 2008 · High Court
147
citing judgments

When unaccounted receipts or suppressed sales are detected and books of account are rejected under Section 145(3), additions to income must be restricted to the profit element embedded in such transactions, not the entire transaction value. This profit element is to be estimated by considering the assessee's regular profit ratio as per books of account.

Judgments citing regular assessment

Commissioner of Income Tax Delhi I vs. Anant Raj Industries P. Ltd

The appeals are dismissed

ITA - 456 / 2008HC Delhi06 Feb 2009

that Explanation 1 after section 234(1) defines the term ―assessed tax‖ to mean the tax determined under section 143(1) or upon a regular assessment as reduced by the Tax Deducted at Source (TDS). The said Explanation 1, prior to its amendment with effect from 01.04.2007, did not have ... figure of ―assessed tax‖, the only permissible deduction from the tax computed on total income, as determined under section 143(1) or upon a regular assessment, was the amount of TDS. 6. Similarly, it was contended, in respect of section 234C that it stipulated charging of interest for deferment

Commissioner of Income Tax vs. C.J.International Hotels Ltd

The appeals are dismissed

ITA - 453 / 2008HC Delhi06 Feb 2009

that Explanation 1 after section 234(1) defines the term ―assessed tax‖ to mean the tax determined under section 143(1) or upon a regular assessment as reduced by the Tax Deducted at Source (TDS). The said Explanation 1, prior to its amendment with effect from 01.04.2007, did not have ... figure of ―assessed tax‖, the only permissible deduction from the tax computed on total income, as determined under section 143(1) or upon a regular assessment, was the amount of TDS. 6. Similarly, it was contended, in respect of section 234C that it stipulated charging of interest for deferment

Commissioner of Income Tax Delhi II vs. Leroy Somer & Controls India P.Ltd

The appeals are dismissed

ITA - 407 / 2008HC Delhi06 Feb 2009

that Explanation 1 after section 234(1) defines the term ―assessed tax‖ to mean the tax determined under section 143(1) or upon a regular assessment as reduced by the Tax Deducted at Source (TDS). The said Explanation 1, prior to its amendment with effect from 01.04.2007, did not have ... figure of ―assessed tax‖, the only permissible deduction from the tax computed on total income, as determined under section 143(1) or upon a regular assessment, was the amount of TDS. 6. Similarly, it was contended, in respect of section 234C that it stipulated charging of interest for deferment

CIT vs. Ocl India Ltd

The appeals are dismissed

ITA - 1063 / 2007HC Delhi06 Feb 2009

that Explanation 1 after section 234(1) defines the term ―assessed tax‖ to mean the tax determined under section 143(1) or upon a regular assessment as reduced by the Tax Deducted at Source (TDS). The said Explanation 1, prior to its amendment with effect from 01.04.2007, did not have ... figure of ―assessed tax‖, the only permissible deduction from the tax computed on total income, as determined under section 143(1) or upon a regular assessment, was the amount of TDS. 6. Similarly, it was contended, in respect of section 234C that it stipulated charging of interest for deferment

C.I.T vs. Indian Sugar Exim Corporation Ltd

The appeals are dismissed

ITA - 989 / 2008HC Delhi06 Feb 2009

that Explanation 1 after section 234(1) defines the term ―assessed tax‖ to mean the tax determined under section 143(1) or upon a regular assessment as reduced by the Tax Deducted at Source (TDS). The said Explanation 1, prior to its amendment with effect from 01.04.2007, did not have ... figure of ―assessed tax‖, the only permissible deduction from the tax computed on total income, as determined under section 143(1) or upon a regular assessment, was the amount of TDS. 6. Similarly, it was contended, in respect of section 234C that it stipulated charging of interest for deferment

Commissioner of Income Tax vs. Cadence Design Systems I.P.Ltd

The appeals are dismissed

ITA - 992 / 2007HC Delhi06 Feb 2009

that Explanation 1 after section 234(1) defines the term ―assessed tax‖ to mean the tax determined under section 143(1) or upon a regular assessment as reduced by the Tax Deducted at Source (TDS). The said Explanation 1, prior to its amendment with effect from 01.04.2007, did not have ... figure of ―assessed tax‖, the only permissible deduction from the tax computed on total income, as determined under section 143(1) or upon a regular assessment, was the amount of TDS. 6. Similarly, it was contended, in respect of section 234C that it stipulated charging of interest for deferment

CIT vs. Negolice India Pvt Ltd

The appeals are dismissed

ITA - 986 / 2007HC Delhi06 Feb 2009

that Explanation 1 after section 234(1) defines the term ―assessed tax‖ to mean the tax determined under section 143(1) or upon a regular assessment as reduced by the Tax Deducted at Source (TDS). The said Explanation 1, prior to its amendment with effect from 01.04.2007, did not have ... figure of ―assessed tax‖, the only permissible deduction from the tax computed on total income, as determined under section 143(1) or upon a regular assessment, was the amount of TDS. 6. Similarly, it was contended, in respect of section 234C that it stipulated charging of interest for deferment

The Commissioner of Income Tax vs. Nokia India Ltd

The appeals are dismissed

ITA - 914 / 2007HC Delhi06 Feb 2009

that Explanation 1 after section 234(1) defines the term ―assessed tax‖ to mean the tax determined under section 143(1) or upon a regular assessment as reduced by the Tax Deducted at Source (TDS). The said Explanation 1, prior to its amendment with effect from 01.04.2007, did not have ... figure of ―assessed tax‖, the only permissible deduction from the tax computed on total income, as determined under section 143(1) or upon a regular assessment, was the amount of TDS. 6. Similarly, it was contended, in respect of section 234C that it stipulated charging of interest for deferment

The Commissionr of Income Tax vs. Nis Sparta Ltd

The appeals are dismissed

ITA - 907 / 2007HC Delhi06 Feb 2009

that Explanation 1 after section 234(1) defines the term ―assessed tax‖ to mean the tax determined under section 143(1) or upon a regular assessment as reduced by the Tax Deducted at Source (TDS). The said Explanation 1, prior to its amendment with effect from 01.04.2007, did not have ... figure of ―assessed tax‖, the only permissible deduction from the tax computed on total income, as determined under section 143(1) or upon a regular assessment, was the amount of TDS. 6. Similarly, it was contended, in respect of section 234C that it stipulated charging of interest for deferment

Commissioner of Income Tax Delhi I vs. Continental Packaging P.Ltd

The appeals are dismissed

ITA - 829 / 2007HC Delhi06 Feb 2009

that Explanation 1 after section 234(1) defines the term ―assessed tax‖ to mean the tax determined under section 143(1) or upon a regular assessment as reduced by the Tax Deducted at Source (TDS). The said Explanation 1, prior to its amendment with effect from 01.04.2007, did not have ... figure of ―assessed tax‖, the only permissible deduction from the tax computed on total income, as determined under section 143(1) or upon a regular assessment, was the amount of TDS. 6. Similarly, it was contended, in respect of section 234C that it stipulated charging of interest for deferment

Commissioner of Income Tax vs. Nehru Place Hotels Ltd

The appeals are dismissed

ITA - 546 / 2008HC Delhi06 Feb 2009

that Explanation 1 after section 234(1) defines the term ―assessed tax‖ to mean the tax determined under section 143(1) or upon a regular assessment as reduced by the Tax Deducted at Source (TDS). The said Explanation 1, prior to its amendment with effect from 01.04.2007, did not have ... figure of ―assessed tax‖, the only permissible deduction from the tax computed on total income, as determined under section 143(1) or upon a regular assessment, was the amount of TDS. 6. Similarly, it was contended, in respect of section 234C that it stipulated charging of interest for deferment

Commissioner of Income Tax Delhi I vs. Anant Raj Industries P. Ltd

The appeals are dismissed

ITA - 462 / 2008HC Delhi06 Feb 2009

that Explanation 1 after section 234(1) defines the term ―assessed tax‖ to mean the tax determined under section 143(1) or upon a regular assessment as reduced by the Tax Deducted at Source (TDS). The said Explanation 1, prior to its amendment with effect from 01.04.2007, did not have ... figure of ―assessed tax‖, the only permissible deduction from the tax computed on total income, as determined under section 143(1) or upon a regular assessment, was the amount of TDS. 6. Similarly, it was contended, in respect of section 234C that it stipulated charging of interest for deferment

Commissioner of Income Tax vs. Bioseed Research (India) Pvt. Limited

The appeals are dismissed

ITA - 719 / 2007HC Delhi06 Feb 2009

that Explanation 1 after section 234(1) defines the term ―assessed tax‖ to mean the tax determined under section 143(1) or upon a regular assessment as reduced by the Tax Deducted at Source (TDS). The said Explanation 1, prior to its amendment with effect from 01.04.2007, did not have ... figure of ―assessed tax‖, the only permissible deduction from the tax computed on total income, as determined under section 143(1) or upon a regular assessment, was the amount of TDS. 6. Similarly, it was contended, in respect of section 234C that it stipulated charging of interest for deferment

Commissioner of Income Tax vs. Brijbasi Art Press Limited

The appeals are dismissed

ITA - 708 / 2007HC Delhi06 Feb 2009

that Explanation 1 after section 234(1) defines the term ―assessed tax‖ to mean the tax determined under section 143(1) or upon a regular assessment as reduced by the Tax Deducted at Source (TDS). The said Explanation 1, prior to its amendment with effect from 01.04.2007, did not have ... figure of ―assessed tax‖, the only permissible deduction from the tax computed on total income, as determined under section 143(1) or upon a regular assessment, was the amount of TDS. 6. Similarly, it was contended, in respect of section 234C that it stipulated charging of interest for deferment

Commissioner of Income Tax Delhi-1 vs. Allied Strips Ltd

The appeals are dismissed

ITA - 791 / 2007HC Delhi06 Feb 2009

that Explanation 1 after section 234(1) defines the term ―assessed tax‖ to mean the tax determined under section 143(1) or upon a regular assessment as reduced by the Tax Deducted at Source (TDS). The said Explanation 1, prior to its amendment with effect from 01.04.2007, did not have ... figure of ―assessed tax‖, the only permissible deduction from the tax computed on total income, as determined under section 143(1) or upon a regular assessment, was the amount of TDS. 6. Similarly, it was contended, in respect of section 234C that it stipulated charging of interest for deferment

Commissioner of Income Tax Del vs. M/S Jindal Exports Ltd

The appeals are dismissed

ITA - 402 / 2005HC Delhi06 Feb 2009

that Explanation 1 after section 234(1) defines the term ―assessed tax‖ to mean the tax determined under section 143(1) or upon a regular assessment as reduced by the Tax Deducted at Source (TDS). The said Explanation 1, prior to its amendment with effect from 01.04.2007, did not have ... figure of ―assessed tax‖, the only permissible deduction from the tax computed on total income, as determined under section 143(1) or upon a regular assessment, was the amount of TDS. 6. Similarly, it was contended, in respect of section 234C that it stipulated charging of interest for deferment

Commissioner of Income Tax vs. Harkaran Das Ved Pal

The appeal is dismissed

ITA - 1005 / 2007HC Delhi12 Nov 2008
For Appellant: Ms Prem Lata BansalFor Respondent: Mr Ajay Vohra with Ms Kavita Jha
Section 132Section 143Section 158Section 260

been detected as a result of search. As the statutory provisions go to show, it is not intended to be a substitute for regular assessment. Its scope and ambit is limited in that sense to materials unearthed during search. It is in addition to the regular assessment already done ... undisclosed income which has been detected as a result of search. The procedure under Chapter XIV-B is not intended as a substitute to regular assessment and its scope and ambit is limited in that sense to materials unearthed during the search. As pointed out in Ravi Kant Jain (supra

Commissioner of Income Tax Delhi XI vs. Batra Bhatta Co

The appeal is dismissed

ITA - 109 / 2008HC Delhi08 Aug 2008
For Appellant: Mr R.D. Jolly with Mr Paras ChaudharyFor Respondent: Mr S.R. Wadhwa
Section 143(1)(a)Section 147Section 148Section 2Section 2(14)

held that so long as the ingredients of 2008:DHC:2292-DB rights to initiate „re-assessment‟ proceedings irrespective of whether steps for a regular assessment under Section 143 (3) had been taken or not. While so deciding, the Supreme Court considered the expression “reason to believe” as appearing

Commissioner of Income Tax vs. Ansal Buildwell Ltd

ITA - 406 / 2007HC Delhi04 Mar 2008
Section 158B

amount had also been shown by the Assessee in its regular returns. 6. It is not clear from the record what happened in the regular assessment of the Assessee but the fact that the amount is sought to be included in the block assessment goes to suggest that the contention ... Assessee was accepted in the regular assessment. 7. It is submitted by learned counsel for the Revenue that notwithstanding the fact that the income was disclosed in the account books of M/s. Televista Electronics Ltd. and in the return of the Assessee, the Tribunal was in error in interpreting