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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

DCIT, Circle-4(1)(1), Ahmedabad, Vejalpur vs. United Tech Ventures Pvt Ltd, C. G. Road, Ahmedabad

In the result, the appeal filed by the Revenue is hereby dismissed

ITA 214/AHD/2025[2018-19]Status: DisposedITAT Ahmedabad22 Jul 2025AY 2018-19

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarआयकर अपील सं / Ita No. 214/Ahd/2025 िनधा"रण वष"/Assessment Year: 2018-19 बनाम Dcit United Tech Ventures Pvt Ltd., Vs. Circle 4(1)(1), 605, Samedh Complex, Nr. Ahmedabad Associated Petrol Pump, C.G. Road, Ahmedabad-380006 [Pan : Aabcu 0357 N] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) िनधा")रती की ओर से / Assessee By : Shri Vihar Soni, Ar +,थ. की ओर से / Revenue By : Shri Rignesh Das, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 08.05.2025 घोषणा की तारीख /Date Of Pronouncement: 22.07.2025 आदेश/O R D E R Per T.R. Senthil Kumar: This Appeal Is Filed By The Revenue As Against The Appellate Order Dated 07.11.2024 Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre, Delhi (Hereinafter Referred To As The “Cit(A)”), Arising Out Of The Reassessment Order Passed Under Section 147 R.W.S. 144B Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “The Act” In Short), Relating To The Assessment Year (Ay) 2018-19. 2. The Brief Facts Of The Case Are That The Assessee, A Private Limited Company, Filed Its Original Return Of Income For Ay 2018-19 On 01.10.2018, Declaring Rs. Nil Income & Claimed Current Year Loss Of Rs.6,36,309/-. The Assessee Also Filed A Revised Return Claiming Current Year Loss Of Rs.19,34,006/-. The Returns Were Processed Under Regular Assessment Under Section 143(3) & The Order Was Passed On 08.03.2021, Accepting The Returned Loss. Thereafter, The Assessment Was Re-Opened On Account Of Accommodation Entry Of Rs.1.5 Crores Received From Dishman Group. Hence, A Show Cause Notice U/S 148A(B) Of The Act Was Issued To The 2 Dcit Vs. United Tech Ventures Pvt Ltd Ay : 2018-19

For Appellant: Shri Vihar Soni, ARFor Respondent: Shri Rignesh Das, CIT-DR
Section 132Section 143(3)Section 147Section 148ASection 68

Rs.6,36,309/-. The assessee also filed a revised return claiming current year loss of Rs.19,34,006/-. The returns were processed under regular assessment under Section 143(3), and the order was passed on 08.03.2021, accepting the returned loss. Thereafter, the assessment was re-opened on account of accommodation

Gauri Sagar Shivale, Pune vs. ITO Ward 8(3), Pune

In the result, the appeal of the assessee is treated as allowed for statistical purposes

ITA 101/PUN/2025[2014-15]Status: DisposedITAT Pune21 Jul 2025AY 2014-15

Bench: Shri Manish Borad & Ms. Astha Chandraआयकर अपील सं. / Ita No.101/Pun/2025 धििाारण वर्ा / Assessment Year : 2014-15 Gauri Sagar Shivale, Income Tax Officer, S. No. 32/4, Nimbalkar Nagar, Ward – 8(3), Pune Brt Road, Near Rajiv Gandhi Vs. College, Tathawade, Mulshi, Pune-411033 Pan : Bjipp4685G अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri Nikhil S. Pathak Department By : Shri Ramnath P. Murkunde Date Of Hearing : 15-05-2025 Date Of 21-07-2025 Pronouncement :

For Appellant: Shri Nikhil S. PathakFor Respondent: Shri Ramnath P. Murkunde
Section 142(1)Section 144BSection 147Section 148Section 156Section 2(47)Section 249Section 249(4)Section 249(4)(b)Section 80T

April next following such financial year to the date of determination of total income under sub-section (1) of section 1434 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 ... that section; (b) in any other case, the tax on the total income determined under sub- section (1) of section 143 or on regular assessment, as reduced by the amount of tax deducted or collected at source in accordance with the provisions of Chapter XVII on any income which