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“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

Dolex Commercial Private Limited, Mumbai vs. DCIT Cent Circale 8(3), Mumbai

In the result the appeals filed by the assessee for A

ITA 1597/MUM/2025[2012-13]Status: DisposedITAT Mumbai31 Oct 2025AY 2012-13

Bench: Smt. Beena Pillai () & Shri Arun Khodpia ()

Section 144Section 153ASection 37(1)Section 40aSection 68

there were two parallel assessments envisaged under the erstwhile regime, i.e., (i) block assessment under section 158BA to assess the 'undisclosed income' and (ii) regular assessment in accordance with the provisions of the Act to make assessment qua income other than undisclosed income. Secondly, that the 'undisclosed income' was chargeable ... special rate of 60% under section 113 whereas income other than 'undisclosed income' was required to be assessed under regular assessment procedure and was taxable at normal rate. Therefore, section 153A came to be inserted and brought on the statute. Under Section 153A regime, the intention of the legislation

Dolex Commercial Private Limited, Mumbai vs. DCIT. Cent. Cir. 8(3), Mumbai

In the result the appeals filed by the assessee for A

ITA 1596/MUM/2025[2011-12]Status: DisposedITAT Mumbai31 Oct 2025AY 2011-12

Bench: Smt. Beena Pillai () & Shri Arun Khodpia ()

Section 144Section 153ASection 37(1)Section 40aSection 68

there were two parallel assessments envisaged under the erstwhile regime, i.e., (i) block assessment under section 158BA to assess the 'undisclosed income' and (ii) regular assessment in accordance with the provisions of the Act to make assessment qua income other than undisclosed income. Secondly, that the 'undisclosed income' was chargeable ... special rate of 60% under section 113 whereas income other than 'undisclosed income' was required to be assessed under regular assessment procedure and was taxable at normal rate. Therefore, section 153A came to be inserted and brought on the statute. Under Section 153A regime, the intention of the legislation

Dolex Commercial Private Limited, Mumbai vs. DCIT Cent Cir 8(3), Mumbai

In the result the appeals filed by the assessee for A

ITA 1595/MUM/2025[2010-11]Status: DisposedITAT Mumbai31 Oct 2025AY 2010-11

Bench: Smt. Beena Pillai () & Shri Arun Khodpia ()

Section 144Section 153ASection 37(1)Section 40aSection 68

there were two parallel assessments envisaged under the erstwhile regime, i.e., (i) block assessment under section 158BA to assess the 'undisclosed income' and (ii) regular assessment in accordance with the provisions of the Act to make assessment qua income other than undisclosed income. Secondly, that the 'undisclosed income' was chargeable ... special rate of 60% under section 113 whereas income other than 'undisclosed income' was required to be assessed under regular assessment procedure and was taxable at normal rate. Therefore, section 153A came to be inserted and brought on the statute. Under Section 153A regime, the intention of the legislation

Kaushaliya Devi Dhoot, Jodhpur vs. ACIT, Circle-3, Jodhpur

In the result, the appeal of the assessee is dismissed

ITA 779/JODH/2024[2022-23]Status: DisposedITAT Jodhpur30 Oct 2025AY 2022-23

Bench: Shri Laliet Kumar, Hon'Ble & Dr. Mitha Lal Meena, Hon'Ble

Section 11Section 143Section 143(1)Section 143(3)Section 246ASection 801A

from the order passed under section 143(3) of the Act. 9. Section 143(4) of the Act only mentions that on completion of regular assessment under section 143(3) dr 144 of the Act, the tax paid by assessee under section 143(1) of the Act shall be deemed ... have been paid toward such regular assessment. That by itself does not mean there is merger of intimation under section 143(1) with that of regular assessment under section 143(3) / 144 (unless issue has been discussed and adjudicated in regular assessment under section

Uday Punj, Delhi vs. DCIT, Circle-19(1), Delhi

In the result, the reassessment proceedings initiated in this case is bad in law

ITA 3087/DEL/2025[2013-14]Status: DisposedITAT Delhi30 Oct 2025AY 2013-14

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.Uday Punj, Vs. Dcit, Circle 19 (1), Chimes, New Delhi. 55, Sultanpur Farms, New Delhi – 110 030. (Pan : Aaapp1309F) (Appellant) (Respondent) Assessee By : Shri Rahul Khare, Advocate Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 17.09.2025 Date Of Order : 30.10.2025 Order Per S. Rifaur Rahman: 1. This Appeal Preferred By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income-Tax (Appeals)-29, New Delhi [For Short ‘Ld. Cit (A)] Dated 18.03.2025 For Assessment Year 2013-14 Raising Following Grounds Of Appeal :- “1. That Learned Cit-A Erred In Fact & In Law In Confirming The Reopening Of The Case U/S 147/148 Without Appreciating The Facts Which Is Not Only Bad In Law But Also Against The Facts & Circumstances Of The Case.

For Appellant: Shri Rahul Khare, AdvocateFor Respondent: Shri Om Prakash, Sr. DR
Section 143Section 143(3)Section 147Section 148Section 73

relevant assessment year under consideration. This fact is on record that the assessment u/s 143(3) was already completed. Upon completion of the regular assessment, the AO has invoked the provisions of section 147/148 after review of the abovesaid order. It is also fact on record that there

Vertex Buildwell Private Limited, Delhi vs. Income Tax Officer, Ward - 26(2), C R Building, New Delhi

In the result, appeal of assessee in ITA No

ITA 2064/DEL/2025[2012-13]Status: DisposedITAT Delhi30 Oct 2025AY 2012-13

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra

For Appellant: Shri Satyajeet Goyal, CAFor Respondent: Shri Manish Gupta, Sr. DR
Section 131Section 133(6)Section 143(3)Section 147

same as accommodation entry based on non-service of Summons u/s 131 on the directors of the alleged investor companies without apprising the regular assessment records wherein notices u/s 133(6) were duly served and complied by said companies. 9. That on the facts and circumstances of the case

Janta Land Promoters Pvt Ltd, Mohali vs. The Prinicipal Commissioner of Income Tax, Chandigarh-1, Chandigarh

In the result, appeal of the Assessee is allowed

ITA 618/CHANDI/2025[2020-2021]Status: DisposedITAT Chandigarh29 Oct 2025AY 2020-2021
For Appellant: Shri Pankaj Bhalla, C.AFor Respondent: Shri Manav Bansal, CIT, DR
Section 143(3)Section 194Section 263Section 68

Applying the ratio of all these decisions, we come to a conclusion that various aspects as identified by Ld. AO during the course of regular assessment proceedings were duly been examined by Ld. AO and one of the possible views was taken in the matter. The assessee duly furnished

Ajay Balvantray Parekh, Mumbai vs. Deputy Commissioner of Income Tax - 17(1), Mumbai

In the result, the appeal of the assessee is partly allowed

ITA 4186/MUM/2025[2020-21]Status: DisposedITAT Mumbai28 Oct 2025AY 2020-21

Bench: Shri Pawan Singh& Smt.Renu Jauhri(Physical Hearing)

Section 115BSection 143(3)Section 144BSection 234Section 234ASection 234BSection 250Section 254(1)Section 56(2)(x)

distribution of income by the Appellant is incorrect and the same ought to be deleted. D. NON-GRANTING OF CREDIT OF TAXES PAID ON REGULAR ASSESSMENT OF RS. 74,000: 4. On the facts and in the circumstances of the case and in law, the Learned NFAC/CIT(A) erred ... adjudicating the ground raised for non-granting of credit of taxes paid on regular assessment of Rs. 74,000 in the Assessment Order passed under section 143(3) r.w.s. 144B of the Act. The Appellant submits that the Assessing Officer be directed to grant credit for regular assessment tax paid

ACIT, Delhi vs. Sri Prem Properties Private Limited, New Delhi

Appeal is dismissed

ITA 4169/DEL/2025[2010-11]Status: DisposedITAT Delhi28 Oct 2025AY 2010-11

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandraassessment Year: 2010-11 Vs. Sri Prem Properties Private Acit, Delhi Ltd., D-6/6032/2, Vasant Kunj, New Delhi Pan: Aaacs2554E (Appellant) (Respondent) Assessee By Sh. Deepesh Garg, Adv. Department By Sh. Mahesh Kumar, Cit(Dr)

Section 132Section 139Section 142(1)Section 143(2)Section 153Section 153ASection 153CSection 250Section 69C

assessment in search cases undertaken in terms of the provisions placed in Chapter XIVB was ordained to be undertaken simultaneously and parallelly to a regular assessment. Contrary to the scheme underlying Chapter XIVB, Sections 153A, 153Band 153C contemplate a merger of regular assessments with those that a search may trigger ... equal significance is the introduction of the concept of abatement of all pending assessments as a consequence of which curtains come down on regular assessments. B. Both Sections 153A and 1530 embody non-obstante clauses and are in express terms ordained to override Sections

Deputy Commissioner of Income Tax, Jalgaon vs. Taradevi Ratanlal Bafna, Jalgaon

In the result, all the above 6 appeals filed by the Revenue are dismissed and

ITA 497/PUN/2025[2013-14]Status: DisposedITAT Pune27 Oct 2025AY 2013-14

Bench: Shri R. K. Panda & Ms Astha Chandra

For Appellant: S/Shri Suchek Anchaliya andFor Respondent: Shri Amit Bobde, CIT
Section 10(38)Section 132Section 143(3)Section 147Section 148Section 153A

section 147/151 to the facts of the case- In this case a return of income was filed for the year under consideration and regular assessment u/s 143(3) r.w.s 153B was made on 30.11.2016. Since 4 years from the end of the relevant year has not expired in this case

Assistant Commissioner of Income Tax, Jalgaon vs. Sidharth Ratanlal Bafna, Jalgaon

In the result, all the above 6 appeals filed by the Revenue are dismissed and

ITA 1565/PUN/2024[2018-19]Status: DisposedITAT Pune27 Oct 2025AY 2018-19

Bench: Shri R. K. Panda & Ms Astha Chandra

For Appellant: S/Shri Suchek Anchaliya andFor Respondent: Shri Amit Bobde, CIT
Section 10(38)Section 132Section 143(3)Section 147Section 148Section 153A

section 147/151 to the facts of the case- In this case a return of income was filed for the year under consideration and regular assessment u/s 143(3) r.w.s 153B was made on 30.11.2016. Since 4 years from the end of the relevant year has not expired in this case

Assistant Commissioner of Income Tax, Jalgaon vs. Sidharth Ratanlal Bafna, Jalgaon

In the result, all the above 6 appeals filed by the Revenue are dismissed and

ITA 1555/PUN/2024[2013-14]Status: DisposedITAT Pune27 Oct 2025AY 2013-14

Bench: Shri R. K. Panda & Ms Astha Chandra

For Respondent: S/Shri Suchek Anchaliya and
Section 10(38)Section 132Section 143(3)Section 147Section 148Section 153A

section 147/151 to the facts of the case- In this case a return of income was filed for the year under consideration and regular assessment u/s 143(3) r.w.s 153B was made on 30.11.2016. Since 4 years from the end of the relevant year has not expired in this case

Maharashtra State Road Development Corporation Ltd, Mumbai vs. DCIT 5(2), Mumbai

In the result, the appeal of the assessee is allowed

ITA 3484/MUM/2014[2006-07]Status: DisposedITAT Mumbai27 Oct 2025AY 2006-07

Bench: Shri Amit Shukla, Jm & Ms Padmavathy S, Am

For Appellant: Shri Dalpat Shah, Shri. B S SharmaFor Respondent: Shri. Leyaqat Ali Aafaqui, Sr. AR
Section 143(3)Section 147Section 250

made by the assessee. The assessee is also contending that the reopening based on the same materials which are already part of records during regular assessment is also not valid. Since we have already deleted the additions made by the AO based on merits, the legal contentions have become academic

Addl CIT Sp RG 22, Mumbai vs. Dsp Merrill Lynch Ltd, Mumbai

In the result, appeal of the assessee is partly allowed and the appeal of the revenue is dismissed

ITA 2198/MUM/2011[1994-95]Status: DisposedITAT Mumbai27 Oct 2025AY 1994-95

Bench: Shri Amit Shukla, Jm& Ms Padmavathy S, Am

For Appellant: Shri Nitesh JoshiFor Respondent: Shri. Leyaqat Ali Aafaqui, Sr. AR
Section 140ASection 143(1)(a)Section 143(3)Section 147Section 234Section 234BSection 234B(3)Section 250Section 80Section 800

contended that in the method adopted by the Assessing Officer, a higher amount of tax would be shown as payable on completion of the regular assessment and consequently a higher amount of interest has been charged. It is claimed that the method adopted by the Assessing Officer is not authorized ... mads as below: "(2) Where, before the data of determination of total income under sub section (1) of section 143 or completion of a regular assessment, tax is pad by the assessee under section 140A or otherwise, - (i) Interest shall be calculated in accordance with the foregoing provisions of this

Dsp Merrill Lynch Limited, Mumbai vs. Addl C.I.T. Range 4(1), Mumbai

In the result, appeal of the assessee is partly allowed and the appeal of the revenue is dismissed

ITA 1581/MUM/2011[1994-95]Status: DisposedITAT Mumbai27 Oct 2025AY 1994-95

Bench: Shri Amit Shukla, Jm& Ms Padmavathy S, Am

For Appellant: Shri Nitesh JoshiFor Respondent: Shri. Leyaqat Ali Aafaqui, Sr. AR
Section 140ASection 143(1)(a)Section 143(3)Section 147Section 234Section 234BSection 234B(3)Section 250Section 80Section 800

contended that in the method adopted by the Assessing Officer, a higher amount of tax would be shown as payable on completion of the regular assessment and consequently a higher amount of interest has been charged. It is claimed that the method adopted by the Assessing Officer is not authorized ... mads as below: "(2) Where, before the data of determination of total income under sub section (1) of section 143 or completion of a regular assessment, tax is pad by the assessee under section 140A or otherwise, - (i) Interest shall be calculated in accordance with the foregoing provisions of this

Janta Co Operative Credit Limited, Chapora vs. Income Tax Officer, Burhanpur

In the result appeal of the assessee is partly allowed for

ITA 244/IND/2025[2017-18]Status: DisposedITAT Indore24 Oct 2025AY 2017-18

Bench: Dr. Manish Borad & Shri Paresh M Joshi

Section 115BSection 142(1)Section 143(3)Section 147Section 148Section 68

learned CIT (A) failed to understand that the assessing officer initiated the reassessment proceedings u/s 147/148 of the Act, during the pendency of ongoing regular assessment proceedings, which is void and bad in law. 3. The learned CIT (A) failed to understand that the assessment order passed by the learned ... conducted by the AO. It is a fact on record that the during the pendency of the of ongoing regular assessment proceedings, the learned AO had initiated the re-assessment proceedings u*S 147/148 of the Act, which is bad in law. Though the learned AO has claimed that

Jain Textile Industries, Gurgaon vs. Assistant Commissioner of Income-Tax, Circle-1(1), Gurgaon

In the result, Appeal of the Assessee is dismissed as devoid of

ITA 932/DEL/2025[2014-15]Status: DisposedITAT Delhi24 Oct 2025AY 2014-15

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.Jain Textile Industries, V Assistant Commissioner Of 38, Milestone, Behrampur S Income Tax, Circle-1(1) Road, Village Khandsa, Hsiiddc Building, 4Th Floor, Gurgaon, Haryana Udyog Vihar, Phase-V, Gurgaon Pan: Aabfj8405F Appellant Respondent Assessee By Sh. Bhupender Jit Kumar, Adv, Sh. Nikhil Sharma, Adv & Sh. Tushar Kalra, Adv Revenue By Sh. Dheeraj Kumar Jain, Sr. Dr Date Of Hearing 03/09/2025 Date Of Pronouncement 24/10/2025

Section 143(3)Section 144Section 147Section 251(1)(a)

partnership firm engaged in the business of a processing house carrying on dyeing and printing of cotton cloth. The Appellant is being regularly assessed to income- tax with the Deputy Commissioner of Income-tax, Circle-1(1), Gurgaon. Return declaring Nil income for the Assessment Year ('A.Y.') 2014- 15 after ... evident from the above discussion that in this case, the issues under consideration were never examined by the AO during the course of regular assessment. This fact is corroborated from the contents of notices issued by the AO u/s 143(2)/ 142(1) and order sheet entries dated recorded during

DCIT, Central Circle-14, Delhi vs. Parveen Aggarwal, Gurgaon

Accordingly the same are hereby upheld. Grounds of appeal Nos. 1 & 2 raised by the Revenue are dismissed

ITA 197/DEL/2023[2012-13]Status: DisposedITAT Delhi24 Oct 2025AY 2012-13

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Assessment Year : 2012-13] Parveen Aggarwal, Vs Acit, Ma-1/7, 3D, Garden Central Circle-14, Estate, M.G.Road, Gurgaon New Delhi Haryana-122002. Pan-Aahpa0660R Appellant Respondent [Assessment Year : 2012-13] Dcit, Vs Parveen Aggarwal, Central Circle-14, Ma-1/7, 3D, Garden New Delhi Estate, M.G.Road, Gurgaon, Haryana-122002. Pan-Aahpa0660R Appellant Respondent Assessee By Shri K.Sampath, Adv. & Shri V.Rajkumar, Adv. Revenue By Ms. Pooja Swaroop, Cit Dr Date Of Hearing 29.07.2025 Date Of Pronouncement 24.10.2025 Order Per Manish Agarwal, Am : The Captioned Cross-Appeals Are Filed By The Assessee & The Revenue Against The Order Of Ld. Commissioner Of Income Tax (A)- 27, New Delhi [“Ld. Cit(A)”] Dated 28.11.2022 In Appeal No. Cit(A), Delhi-27/10482/2019-20 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising From The Assessment Order Dt. 31.12.2019 Passed U/S 143(3) R.W.S. 147 Of The Act Pertaining To Assessment Year 2012-13. Ita Nos.178 & 197/Del/2023

Section 143(3)Section 147Section 148Section 250

section 147 to the facts of the case: In this case a return of income was filed for the year under consideration and regular assessment u/s 143(3) was made on 30.03.2015. Since, 4 years from the end of the relevant year has expired in this case, the requirements

Parveen Aggarwal, Gurgaon vs. ACIT Central Circle-14, New Delhi

Accordingly the same are hereby upheld. Grounds of appeal Nos. 1 & 2 raised by the Revenue are dismissed

ITA 178/DEL/2023[2012-13]Status: DisposedITAT Delhi24 Oct 2025AY 2012-13

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Assessment Year : 2012-13] Parveen Aggarwal, Vs Acit, Ma-1/7, 3D, Garden Central Circle-14, Estate, M.G.Road, Gurgaon New Delhi Haryana-122002. Pan-Aahpa0660R Appellant Respondent [Assessment Year : 2012-13] Dcit, Vs Parveen Aggarwal, Central Circle-14, Ma-1/7, 3D, Garden New Delhi Estate, M.G.Road, Gurgaon, Haryana-122002. Pan-Aahpa0660R Appellant Respondent Assessee By Shri K.Sampath, Adv. & Shri V.Rajkumar, Adv. Revenue By Ms. Pooja Swaroop, Cit Dr Date Of Hearing 29.07.2025 Date Of Pronouncement 24.10.2025 Order Per Manish Agarwal, Am : The Captioned Cross-Appeals Are Filed By The Assessee & The Revenue Against The Order Of Ld. Commissioner Of Income Tax (A)- 27, New Delhi [“Ld. Cit(A)”] Dated 28.11.2022 In Appeal No. Cit(A), Delhi-27/10482/2019-20 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising From The Assessment Order Dt. 31.12.2019 Passed U/S 143(3) R.W.S. 147 Of The Act Pertaining To Assessment Year 2012-13. Ita Nos.178 & 197/Del/2023

Section 143(3)Section 147Section 148Section 250

section 147 to the facts of the case: In this case a return of income was filed for the year under consideration and regular assessment u/s 143(3) was made on 30.03.2015. Since, 4 years from the end of the relevant year has expired in this case, the requirements

Jayanti S Kundhadiya, Assistant Commissioner of Income Tax, Central Circle-2(1), Pune vs. Patil Construction and Infrastructure Limited, Mumbai

In the result, all the three appeals filed by the Revenue are allowed for statistical purposes

ITA 231/PUN/2025[2015-16]Status: DisposedITAT Pune23 Oct 2025AY 2015-16

Bench: Shri R. K. Panda & Ms Astha Chandra

For Appellant: S/Shri Rajiv KhandelwalFor Respondent: Shri Amit Bobde, CIT
Section 143(2)Section 80

different from that of the assessment years covered by the application before it. The findings in a settlement order cannot be mechanically applied in regular assessments for later years. The settlement orders are case-specific, non-precedential and limited to the facts and disclosures on record. Hence