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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

ACIT, C-4(1), Chandigarh vs. M/S Glaxosmithkline Consumer Healthcare Ltd., Gurgaon

The appeal stands dismissed

ITA 1355/CHANDI/2018[1997-98]Status: DisposedITAT Chandigarh18 Aug 2025AY 1997-98

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No.1355/Chandi/2018 (िनधा"रण वष" / Assessment Year: 1997-98) Dcit-1(1)(1) M/S Hindustan Unilever Ltd. R.N.579A, 5Th Floor (Legal Successor Of M/S Glaxosmithkline बनाम/ Aaykar Bhawan Consumer Healthcare Ltd.) Vs. Mumbai – 400020 Unilever House, B.D. Swant Marg, Chakala Andheri (East), Mumbai – 400 099 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaach-1004-N (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Rohit Jain (Advocate) & Ms. Somya Jain, Ca – Ld. Ars ""थ"कीओरसे/Respondent By : Shri Rohit Sharma (Cit) A/W Sh. Vivek Vardhan (Addl. Cit) – Ld. Drs सुनवाईकीतारीख/Date Of Hearing : 27-06-2025 घोषणाकीतारीख /Date Of Pronouncement : 18-08-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Revenue For Assessment Year (Ay) 1997-98 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals)-2, Chandigarh Dated 02-08-2018 In The Matter Of An Assessment Framed By Ld. Assessing Officer (Ao) U/S 143(3) R.W.S. 254 Of The Act On 31-03-2017. The Revenue Has Filed Revised Form No.36 On 10-09-2024 Which Is On Record. The Grounds Of Appeal Read As Under: -

For Appellant: Shri Rohit Jain (Advocate) and Ms. SomyaFor Respondent: Shri Rohit Sharma (CIT) a/w Sh. Vivek
Section 143(2)Section 143(3)Section 154Section 234DSection 43B

emerges that an order has been passed by Ld. AO u/s 143(3) r.w.s. 254 of the Act on 31-03-2017. In regular assessment framed u/s 143(3), Ld. AO made disallowance of Rs.11.94 Crores u/s 43B. The matter was set aside by Tribunal vide ITA No.475/Chd/2002 dated ... time under relevant sections after 01-06-2003 would be sine-qua-non for imposition of interest u/s 234D. In the present case, the regular assessment was framed u/s 143(3) on 01-02-2000 which was much prior to 01-06-2003 i.e., the date on which the provisions

Viramgam Mahesana Projects Ltd., New Delhi vs. ACIT, New Delhi

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

ITA 119/DEL/2015[2006-07]Status: DisposedITAT Delhi14 Aug 2025AY 2006-07

Bench: Shris.Rifaur Rahman & Shri Vimal Kumarviramgam Mahesana Project Limited, Vs. Acit, Circle 17(1), E – 9, 3Rd Floor, New Delhi. Ndse Part 2, New Delhi – 110 049. (Pan :Aabcv7027L) (Appellant) (Respondent) Assessee By : Shri K. Sampath, Advocate Shri V. Raja Kumar, Advocate Revenue By : Shri Dayainder Singh Sidhu, Citdr Date Of Hearing : 03.06.2025 Date Of Order : 14.08.2025 Order Per S.Rifaur Rahman: 1. Thisappeal Is Filed By The Assesseeagainst The Order Of Ld. Commissioner Of Income-Tax (Appeals)-19, New Delhi [Hereinafter Referred To As ‘Ld. Cit (A)]Dated 22.10.2014For Assessment Year 2006-07 Raising Following Grounds Of Appeal :- “1 That On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Confirming The Initiation Of The Reassessment Proceedings, U/S 148 Of The Income Tax Act & Also Failed To Appreciate That Neither The Mandatory Requirements Of Section 148 Of The Income Tax Act Nor The Pre-Conditions For Invoking The Provisions

For Appellant: Shri K. Sampath, AdvocateFor Respondent: Shri Dayainder Singh Sidhu, CITDR
Section 143(3)Section 147Section 148Section 234

Therefore, in the given case, the AO has sought to resurrect a stale and concluded issue which was already examined during the course of regular assessment. Therefore, in our considered view, the reassessment was initiated based on change of opinion. A similar view was expressed by the Hon’ble Delhi