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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

South Eastern Coalfields Limited, Bilaspur vs. ITO(TDS), Bilaspur

Appeals stands PARTLY ALLOWED FOR STATISTICAL PURPOSES in aforestated terms

ITA 197/RPR/2025[2017-18]Status: DisposedITAT Raipur19 Sept 2025AY 2017-18

Bench: Hon’Ble Shri Partha Sarathi Chaudhury & Shri G. D. Padmahshali

required u/s 44AA of the Act subjected to tax audit in terms of section 44AB of the Act. 4.2 From the regular assessment order passed u/s 143(3) of the Act for AY 2017-18 it was observed that, for the year under consideration the assessee company debited

Healthware Private Limited, Hyderabad vs. DCIT., Circle-2(1), Hyderabad

In the result, the appeal of the assessee is allowed

ITA 888/HYD/2025[2018-2019]Status: DisposedITAT Hyderabad19 Sept 2025AY 2018-2019

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.888/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2018-19) M/S. Healthware Pvt. Ltd., Dy. Commissioner Of Income Tax, Vs. Circle 2(1), Hyderabad. Hyderabad. Pan:Aabch2124A (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri C S Subrahmanyam, C.A. & Shri V Siva Kumar,Advocate रधजस् व द्वधरध/Revenue By: Dr. Sachin Kumar, Sr-Dr सुिवधई की तधरीख/Date Of Hearing: 16/09/2025 घोर्णध की तधरीख/Pronouncement: 19/09/2025

For Appellant: Shri C S Subrahmanyam, C.AFor Respondent: Dr. Sachin Kumar, SR-DR
Section 143(1)Section 143(3)Section 40

deposited during the year under consideration. The Ld. AR further submitted that once the claim has been accepted by the Ld. AO in the regular assessment, the intimation under section 143(1) of the Act disallowing the same loses its force. Reliance was placed on the principle that a regular ... adjustment made by CPC under section 143(1) of the Act does not survive. It is a settled law that when a regular assessment under section 143(3) of the Act is made, the intimation under section 143(1) of the Act merges with ITA No.888/Hyd/2025 6 such assessment

Pushpanjali Constructions Private Limited, Pushpanjali Palace, Dehli Gate, Agra vs. DCIT, Cen Cir Ghaziabad

In the result appeal filed by the assessee is partly allowed

ITA 1001/DEL/2025[2012-13]Status: DisposedITAT Delhi19 Sept 2025AY 2012-13

Bench: Shris.Rifaur Rahman & Shri Sudhir Kumar

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Ms. Amisha S. Gupt, CITDR
Section 143(3)Section 153ASection 153CSection 153DSection 69C

seizure - Whether presumption arising under section 132(4A) is not restricted to proceedings under section 132(5) and could be raised in proceedings for regular assessment - Held, yes” S.P. Goyal v. Dy. CIT [2002] 82 ITD 85 (Mum.)- “Section 68 of the Income-tax Act, 1961 - Cash credits - Assessment year ... retained. The presumption cannot have the effect of excluding or overriding the provisions of s. 69 of the IT Act during the course of regular assessment proceedings. In such circumstances, it cannot be presumed that seized document shows any transaction of sale and purchase entered into by the assessee, which

Priyesh Singhania, Raipur vs. DCIT, Circle-1(1), Raipur

In the result, appeal of the assessee is allowed

ITA 462/RPR/2025[2017-18]Status: DisposedITAT Raipur18 Sept 2025AY 2017-18

Bench: Shri Partha Sarathi Chaudhury & Shri G. D. Padmahshaliआयकर अपील सं. / Ita No.462/Rpr/2025 "नधा"रण वष" / Assessment Year : 2017-18 Priyesh Singhania 730/1, Radha Kunj, Opposite Vip Guest House, Pahuna, Shankar Nagar Main Road, Raipur (C.G.)-492 001 Pan: Aoups7838A ........अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer, Circle-1(1), Raipur (C.G.) ……""यथ" / Respondent

For Appellant: Shri Mahendra Kumar Agrawal, CAFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 10Section 143(1)Section 143(1)(a)Section 154Section 194D

subsequent order u/s 154 has been passed subsequent to filing of this appeal for the year under consideration. Q2. Whether any regular assessment order u/s 143(3) has been passed for the present year subsequent to filing of this appeal. If yes, the conclusion drawn therein with a copy

Surya Singhal, Kota vs. Asstt. Commissioner of Income Tax, Central Circle-2, Jaipur

In the result, the appeal of the assessee is allowed

ITA 928/JPR/2025[2019-20]Status: DisposedITAT Jaipur17 Sept 2025AY 2019-20
For Appellant: Shri Vijay Goyal, C.AFor Respondent: Sh. Gaurav Awasthi, JCIT-DR
Section 115BSection 132(4)Section 143(3)Section 250Section 69

Commissioner of Income Tax, Jaipur 2017 (2) TMI 37 - RAJASTHAN HIGH COURT. it has been held that: - Refunds of tax due to regular assessment proceedings - assessed tax is lower than returned tax - amount of tax recovered without any authority of law - Held that:- The contention raised by the appellant that

Kanaka Chalam Volety, California vs. Income Tax Officer, Ward-12(1), Hyderabad

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1312/HYD/2025[2016-17]Status: DisposedITAT Hyderabad17 Sept 2025AY 2016-17

Bench: SHRI G. MANJUNATHA, HON’BLE (Accountant Member), SHRI RAVISH SOOD, HON’BLE (Judicial Member)

Section 142(1)Section 143(3)Section 147Section 148Section 271(1)(b)Section 274Section 275

that the assessee has not filed his return of income for the A.Y. 2016-17. As per the information available on record, no regular assessment u/s 143(3) or reassessment proceedings u/s 147 of the Income Tax Act, 1961 had been carried out in the case of the assessee

M/S. Patanjali Foods Ltd (Formerly Known As Ruchi Soya Industries Ltd), Mumbai vs. Dy Comm of Income Tax- Central Circle-7(2), Mumbai

In the result the appeal filed by the revenue stands

ITA 321/MUM/2023[2011-12]Status: DisposedITAT Mumbai17 Sept 2025AY 2011-12

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

Section 132Section 143(3)Section 153ASection 250Section 37(1)

u/s.153A of the Act. The abatement of pending assessment is for the purpose of avoiding two assessments for the same year i.e. one being regular assessment and the other being search assessment u/s.153A of the Act. In other words, these two assessments merge into one assessment. It means that completed

Patanjali Foods Ltd (Formerly Known As Ruchi Soya Industries Ltd), Mumbai vs. Dy Comm of Income Tax-Central Circle-7(2), Mumbai

In the result the appeal filed by the revenue stands

ITA 319/MUM/2023[2007-08]Status: DisposedITAT Mumbai17 Sept 2025AY 2007-08

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

Section 132Section 143(3)Section 153ASection 250Section 37(1)

u/s.153A of the Act. The abatement of pending assessment is for the purpose of avoiding two assessments for the same year i.e. one being regular assessment and the other being search assessment u/s.153A of the Act. In other words, these two assessments merge into one assessment. It means that completed

DCIT, CC-7(2), Mumbai vs. M/S. Patanjali Foods Ltd., ( Formerly Known As Ruchi Soya Industries Ltd, Mumbai

In the result the appeal filed by the revenue stands dismissed

ITA 1174/MUM/2023[2011-12]Status: DisposedITAT Mumbai17 Sept 2025AY 2011-12

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

Section 132Section 143(3)Section 153ASection 250Section 37(1)

153A of the Act. The abatement of pending assessment is for the purpose of avoiding two assessments for the same year i.e. one being regular assessment and the other being search assessment u/s. 153A of the Act. In other words, these two assessments merge into one assessment. It means that

DCIT, CC-7(2), Mumbai vs. M/S. Patanjali Foods Ltd., ( Formerly Known As Ruchi Soya Industries Ltd, Mumbai

In the result the appeal filed by the revenue stands dismissed

ITA 1173/MUM/2023[2011-12]Status: DisposedITAT Mumbai17 Sept 2025AY 2011-12

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

Section 132Section 143(3)Section 153ASection 250Section 37(1)

153A of the Act. The abatement of pending assessment is for the purpose of avoiding two assessments for the same year i.e. one being regular assessment and the other being search assessment u/s. 153A of the Act. In other words, these two assessments merge into one assessment. It means that

Vipan Kumar Thamman, Derabassi vs. Income Tax Officer, Ward-2(5), Chandigarh

The appeal stands partly allowed for statistical purposes

ITA 502/CHANDI/2024[2011-12]Status: DisposedITAT Chandigarh16 Sept 2025AY 2011-12

Bench: SHRI RAJPAL YADAV (Vice President), SHRI MANOJ KUMAR AGGARWAL (Accountant Member)

For Appellant: Sh. Tejmohan Singh (Advocate) – Ld. ARFor Respondent: Dr Ranjit Kaur (Addl. CIT) – Ld. Sr. DR
Section 143(3)Section 147Section 148

Bank Account No.55029085429 held with SBOP, Dera Bassi, the details of which were not furnished by the assessee at the time of regular assessment proceedings. Accordingly, the case was reopened and a notice u/s 148 was issued to the assessee on 27-01-2016. In the reassessment proceedings, the assessee ... source of cash deposit in this bank account. It was noted by Ld. AO that the assessee had filed cash flow statement during regular assessment proceedings for three bank accounts excluding the stated bank account wherein huge cash deposits were made by the assessee. On the source of cash deposits

Sandhu Diary and Sweets, Patiala vs. ITO Ward-5, Patiala

The appeal stands allowed in terms of our above order

ITA 434/CHANDI/2024[2017-18]Status: DisposedITAT Chandigarh15 Sept 2025AY 2017-18

Bench: SHRI RAJPAL YADAV (Vice President), SHRI MANOJ KUMAR AGGARWAL (Accountant Member)

For Appellant: Sh. Rajiv Saldi (CA) – Ld. ARFor Respondent: Smt. Kusum Bansal (CIT) – Ld. DR
Section 147Section 263Section 69A

having been passed without making due enquiries or verification. No question of enquiry would arise since the assessee has remained non-compliant during regular assessment proceedings and the assessment is based on the bank statement of the assessee as procured by Ld. AO. Nevertheless, Ld. AO has taken

Ratan Shaw, Naihati vs. ITO, Ward 51(3), Kolkata

The appeal of the assessee is allowed

ITA 309/KOL/2025[2015-16]Status: DisposedITAT Kolkata12 Sept 2025AY 2015-16

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.309/Kol/2025 Assessment Year: 2015-16 Ratan Shaw………………….…………………....…………………....Appellant 15, L. N. Kabiraj Road, Gorifa, Naihati, Wb-743166. [Pan: Bvups8926H] Vs. Ito, Ward-51(3), Kolkata..……………....…..………………….…..... Respondent Appearances By: Shri Anil Kochar, Adv., Appeared On Behalf Of The Appellant. Shri Abhijit Adhikari, Jcit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 21, 2025 Date Of Pronouncing The Order : September 12, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (A), Chennai (Hereinafter Referred To As “Ld. Cit(A)”) Dated 22.11.2024 Passed Under Section 250 Of The Income- Tax Act, 1961 (Hereinafter Referred To As The “Act”). 2. At The Outset, It Is Noted That There Is A Delay Of 12 Days In Filing The Present Appeal Before The Tribunal. The Assessee Has Filed A Condonation Petition Explaining The Reasons Or Such Delay. After Considering The Submissions & Materials On Record, We Are Satisfied That There Was Reasonable Cause For The Delay In Filing The Appeal. Accordingly, The Said Delay Is Condoned & The Appeal Is Admitted For Adjudication.

Section 143(3)Section 250Section 69

assessment year 2015-16, the assessee filed his return of income declaring total income of Rs.2,94,030/-. Subsequently, the case was selected for regular assessment under section 143(3) of the Act and the assessment order was passed on 08.12.2017 making an addition of Rs.19,90,210/-. 4. Aggrieved

Terai Tea Company Ltd., Kolkata vs. ACIT, Circle 4(1), Kolkata

In the result, appeal of the assesee is allowed

ITA 706/KOL/2025[2016-17]Status: DisposedITAT Kolkata11 Sept 2025AY 2016-17
Section 131Section 143(1)Section 147Section 148Section 153A

tangible material or material change in the underlying facts which were already known to the AO at the time of passing of the regular assessment. On a perusal of the above, it is clear that on the date when the notice for reopening was issued i.e. on 31st March

Millennium Contrade Pvt. Ltd., Kolkata vs. DCIT, Circle- 11(1), Kolkata

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

ITA 424/KOL/2025[2014-15]Status: DisposedITAT Kolkata11 Sept 2025AY 2014-15

Bench: Shri George Mathan

Section 143(3)Section 147Section 148Section 149(1)(b)Section 68Section 69C

circumstances of the case, the Ld. AO has failed to appreciate that transactions as mentioned in the impugned order were verified in course of regular assessment proceedings. Therefore, the information provided constituted a ‘change of opinion’ and thus the pre- conditions for initiating reassessment proceedings were not fulfilled. 3. That ... section 210, the total income of the latest previous year in respect of which the assessee has been assessed by way of regular assessment or the total income returned by the assessee in any return of income furnished by him for any subsequent previous year, whichever is higher, shall

Anusha Finvest Pvt Ltd, Jaipur vs. Assistant Commissioner of Income Tax Circle 1, Jaipur

In the result, the appeal of the assessee is allowed

ITA 985/JPR/2024[2010-2011]Status: DisposedITAT Jaipur10 Sept 2025AY 2010-2011

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

For Appellant: Sh. Saurav Harsh, AdvFor Respondent: Sh. Gautam Singh Choudhary, JCIT
Section 142(1)Section 143(1)Section 143(2)Section 147Section 148

operandi of shifting profits was not known to the Revenue as not disclosed by the petitioner when the Assessing Officer passed the order in regular assessment proceedings. (ii) We note that the reasons in support of the impugned notice accept the fact that as a matter of regular business practice ... issued under Section 148 of the Income Tax Act, 1961. The impugned notice seeks to reopen the assessment for Assessment Year 2009-10. The regular assessment proceedings were completed on 28th December, 2011 under Section 143(3) of the Act. 3. The reasons in support of the impugned notice relies

Godrej Projects North Star LLP, Mumbai vs. Deputy Commissioner of Income Tax Circle41(2)(1), Mumbai

Appeal of the assessee is allowed

ITA 4258/MUM/2025[2024-25]Status: DisposedITAT Mumbai10 Sept 2025AY 2024-25

Bench: Ms Padmavathy S, Am & Shri Raj Kumar Chauhan, Jm

Section 140Section 140ASection 143Section 143(1)Section 234ASection 234BSection 234B(2)Section 250Section 39Section 94

determination of total income under sub-section (1) of section 143 Inserted by Act 3 of 1989, Section 39 (w.e.f. 1.4.1989).] completion of a regular assessment, tax is paid by the assessee under section 140-A or otherwise- 1. interest shall be calculated in accordance with the foregoing provisions ... April next following such financial year to the date of determination of total income under sub-section (1) of section 143 and where a regular assessment is made, to the date of such regular assessment, on an amount equal to the assessed tax or, as the case

Anil Kumar Batar, Sikar vs. PCIT-Jaipur-2, Jaipur

In the result, the appeal of the assessee is allowed

ITA 418/JPR/2025[2018-19]Status: DisposedITAT Jaipur09 Sept 2025AY 2018-19
For Appellant: Shri Shrawan Kumar Gupta, Adv. &For Respondent: Shri Gorav Avasthi, JCIT-DR
Section 143(3)Section 144BSection 147Section 263

same issue was taken and also examined in assessment. And till date the position is same there is no change. It was not a regular assessment it was a reassessment for the limited purpose or issue and on perusal of the entire record or detailed it cannot be said that ... assessee was more specific to the limited scrutiny or it is not case of the assessee for complete scrutiny u/s 143(3) for regular assessment and the very basis of reopening of the case under section 148 was on account of cash deposits in the bank, then

ACIT Central Circle 7 4, Mumbai vs. Zytex Biotech Private Limited, Mumbai

The appeal of the revenue is dismissed

ITA 492/MUM/2025[2014-15]Status: DisposedITAT Mumbai09 Sept 2025AY 2014-15

Bench: Shri Saktijit Dey & Ms Padmavathy S, Am

For Appellant: Shri, Swapnil Choudhary, Sr. DR
Section 133ASection 143(3)Section 147Section 148Section 2Section 250Section 50(2)Section 50B

present case, the notice u/s 148 was issued on 31/3/2021, i.e., beyond four years from the end of the assessment year 2014-15. A regular assessment has been carried out in this case. Therefore, the case can be reopened only if it is established that there was a failure

DCIT Cen Cir 1(4), Mumbai vs. Grasim Industries Ltd, Mumbai

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

ITA 4069/MUM/2016[2010-11]Status: DisposedITAT Mumbai09 Sept 2025AY 2010-11

Bench: Shri Narendra Kumar Billaiya & Shri Anikesh Banerjee

For Appellant: Shri J.D. Mistry – Sr. Advocate &For Respondent: Shri Arun Kanti Datta - CIT DR
Section 143(3)Section 250Section 260ASection 43BSection 45Section 801ASection 801A(4)

Rs.1893,36,29,773/- and on 23/03/2012 revising the income to Rs.1888,48,00,776/-, both under the normal provisions of the Act. The regular assessment in assessee’s case was completed on 24/02/2014 determining total income at Rs.2404,70,06,534/- by making various additions, thereby raising a demand