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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

M/S Tomar & Brothers, Etawah vs. A.C.I.T., Circle-5, Firozabad

The appeal stands allowed

ITA 348/AGR/2014[2007-08]Status: DisposedITAT Agra22 Apr 2025AY 2007-08

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No. 348/Agr/2014 (िनधा"रणवष" / Assessment Year:2007-08) M/S. Tomar & Brothers Acit, Circle 5, बनाम/ 843-A, Moti Jheel Colony, Firozabad. Vs. Etawah (Up). "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaaft-7229-D (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Anurag Sinha, Adv. – Ld. Ar " थ"कीओरसे/Respondent By : Sh. Shailender Shrivastava – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 19-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 22.04.2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2007-08 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals)- Ii, Agra [Cit(A)] Dated 31-03-2014 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) R.W.S. 147 Of The Act On 29-12-2011. Both Sides Made Vehement Arguments. Having Heard Rival Submissions & Upon Perusal Of Case Records, The Appeal Is Disposed- Off As Under. The Ld. Ar Has Assailed The Validity Of Reassessment Proceedings. 2. Upon Perusal Of Assessment Order, It Could Be Seen That Assessee’S Return Of Income Was Scrutinized U/S. 143(3) On 18-11-2009. However, The Case Was Reopened Vide Notice U/S 07-01-2011 On The Allegation That The Assessee Did Not Deduct Tax At Source On Machinery Rental Payments.

For Appellant: Sh. Anurag Sinha, Adv. – Ld. ARFor Respondent: Sh. Shailender Shrivastava – Ld. Sr. DR
Section 07Section 143(3)Section 194I

come to a conclusion that certain income escaped assessment. Secondly, the issue of expense was well addressed by Ld. AO during the course of regular assessment proceedings and an opinion was already formed. It is quite clear that the returned income was subjected to scrutiny assessment proceedings

Bses Yamuna Power Ltd, Delhi vs. ACIT, Circle-5(1), New Del;Hi

The appeal of the assessee is allowed on legal issues

ITA 4853/DEL/2017[2008-09]Status: DisposedITAT Delhi16 Apr 2025AY 2008-09

Bench: Shri Anubhav Sharma & Shri Manish Agarwalbses Rajdhani Power Ltd., Dy. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd., Asst. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Yamuna Power Dy. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd. & Ors Vs. Acit Bses Yamuna Power Asst. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Assessee By Shri Rohit Jain, Adv., Sh. Deepesh Jain, Adv. & Sh. Shivam Gupta, Ca Department By Mr. Javed Akhtar, Cit-Dr Date Of Hearing 20/02/2025 Date Of Pronouncement 16/04/2025 O R D E R

Section 143(3)Section 147Section 148Section 154Section 250

with the aforesaid issues and the assessing officer had, after specifically verifying the claim(s) and forming opinion, allowed/ varied the same in the regular assessment proceedings as elaborated hereunder: (i) Depreciation on energy meters * In the audited financial statements energy meters were shown separately in the fixed assets schedule ... clearly mentioned @ 80% [Refer page 56 of PB]. * The claim of depreciation on energy meter was specifically examined by the assessing officer in the regular assessment proceedings and claim of depreciation @ 80% was restricted to 15% [Refer page 75 to 81 of PB]. * Specific query was raised and replied vide

Bses Yamuna Power Ltd., New Delhi vs. DCIT, Circle- 5(1), New Delhi

The appeal of the assessee is allowed on legal issues

ITA 4852/DEL/2017[2007-08]Status: DisposedITAT Delhi16 Apr 2025AY 2007-08

Bench: Shri Anubhav Sharma & Shri Manish Agarwalbses Rajdhani Power Ltd., Dy. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd., Asst. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Yamuna Power Dy. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd. & Ors Vs. Acit Bses Yamuna Power Asst. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Assessee By Shri Rohit Jain, Adv., Sh. Deepesh Jain, Adv. & Sh. Shivam Gupta, Ca Department By Mr. Javed Akhtar, Cit-Dr Date Of Hearing 20/02/2025 Date Of Pronouncement 16/04/2025 O R D E R

Section 143(3)Section 147Section 148Section 154Section 250

with the aforesaid issues and the assessing officer had, after specifically verifying the claim(s) and forming opinion, allowed/ varied the same in the regular assessment proceedings as elaborated hereunder: (i) Depreciation on energy meters * In the audited financial statements energy meters were shown separately in the fixed assets schedule ... clearly mentioned @ 80% [Refer page 56 of PB]. * The claim of depreciation on energy meter was specifically examined by the assessing officer in the regular assessment proceedings and claim of depreciation @ 80% was restricted to 15% [Refer page 75 to 81 of PB]. * Specific query was raised and replied vide

Tohar Mal, Siwani Mandi (Bhiwani) vs. ITO, Ward-1, Bhiwani

In the result, the appeal filed by assessee stands dismissed

ITA 463/DEL/2025[2023-24]Status: DisposedITAT Delhi15 Apr 2025AY 2023-24

Bench: Shri Mahavir Singh, Hon’Bleita No. 463/Del/2025) A.Yr. : 2023-24 Tohar Mal, Vs. Ito, Ward-1, Bhiwani Anaj Mandi, Income Tax Office, Ward-01, Siwani Mandi, Huda, Bhiwani District Bhiwani, (Pan: Cgupm7759Q) (Appellant) (Respondent) Appellant By : None Respondent By : Shri Sanjay Kumar, Sr. Dr Date Of Hearing : 15.04.2025 Date Of Pronouncement : 15.04.2025 Order This Appeal By The Assessee Is Directed Against The Order Dated 06.12.2024 Of The Ld. Joint Commissioner Of Income Tax (Appeals), Relating To Assessment Year 2023-24. 2. None Appeared On Behalf Of The Assessee, Despite Issue Of Notice, Hence, I Am Proceeding Exparte Qua The Assessee, After Hearing The Ld. Dr & Perusing The Records. 3. Upon Careful Consideration, I Find That Assessee Vide His Application Dated 14.04.2025 Has Intimated That The Disallowance Of Credit Of Tds Made By The Ao In The Intimation Order U/S. 143(1) Of The Act Which Was Confirmed By The Ld. Jcit(A), Has Now Been Allowed By The Ao Himself While Framing The Regular Assessment U/S. 143(3) Of The Act. Thus, The Grievance Of The Assessee Has Been Redressed By The Department. Therefore

For Appellant: NoneFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 143(1)Section 143(3)

which was confirmed by the Ld. JCIT(A), has now been allowed by the AO himself while framing the regular assessment u/s. 143(3) of the Act. Thus, the grievance of the assessee has been redressed by the Department. Therefore, it was requested that assessee may be allowed to withdraw

Frontier Commercial Co. Ltd., Faridabad vs. DCIT, Central Circle- II, Faridabad

ITA 1771/DEL/2019[2014-15]Status: DisposedITAT Delhi09 Apr 2025AY 2014-15

Bench: Sh. Satbeer Singh Godara & Sh. M. Balaganeshita No. 7349/Del/2017 : Asstt. Year : 2013-14 Frontier Commercial Co. Ltd., Vs Dcit, Rra Taxindia, D-28, Central Circle-Ii, South Extension, Part-1, Faridabad New Delhi-110049 (Appellant) (Respondent) Pan No. Aabcf1424D Ita No. 1771/Del/2019 : Asstt. Year : 2014-15 Frontier Commercial Co. Ltd. Vs Dcit, (Merged With Sucon India Ltd. Later Central Circle-Ii, Merged With M/S Akriti Global Faridabad Traders Ltd.), Rra Taxindia, D-28, South Extension, Part-1, New Delhi-110049 (Appellant) (Respondent) Pan No. Aabcf1424D Assessee By : Sh. Somil Aggarwal, Adv. & Sh. Deepesh Garg, Adv. Revenue By : Sh. Surender Pal Singh, Cit-Dr Date Of Hearing: 09.04.2025 Date Of Pronouncement: 09.04.2025 Order Per Satbeer Singh Godara: These Twin Assessee’S As Many Appeals I.E. Ita No. 7349/Del/2017 & Ita No. 1771/Del/2019, For Assessment Years 2013-14 & 2014-15 Arise Against The Cit(A), Karnal’S In Case No. It/75/Ggn/2015-16 & Cit(A)-3, Gurgaon’S In Case No. 550/Cit(A)-3/Ggn/2016-17 Dated 07.09.2017 & Frontier Commercial Co. Ltd. 30.11.2018, In Proceedings U/S 143(3) R.W.S. 153B Of The Income Tax Act, 1961 (In Short “The Act”), Respectively.

For Appellant: Sh. Somil Aggarwal, Adv. &For Respondent: Sh. Surender Pal Singh, CIT-DR
Section 143(3)Section 153C

departmental authorities had carried out a search action dated 09.09.2012 in M/s SRS Group of cases leading the Assessing Officer to frame the above regular assessment in the assessee’s hands thereby disallowing selling charges of Rs.56,23,615/-. 4. Learned CIT-DR could hardly dispute that the assessee

Frontier Commercial Co. Ltd., Faridabad vs. DCIT, Central Circle- II, Faridabad

ITA 7349/DEL/2017[2013-14]Status: DisposedITAT Delhi09 Apr 2025AY 2013-14

Bench: Sh. Satbeer Singh Godara & Sh. M. Balaganeshita No. 7349/Del/2017 : Asstt. Year : 2013-14 Frontier Commercial Co. Ltd., Vs Dcit, Rra Taxindia, D-28, Central Circle-Ii, South Extension, Part-1, Faridabad New Delhi-110049 (Appellant) (Respondent) Pan No. Aabcf1424D Ita No. 1771/Del/2019 : Asstt. Year : 2014-15 Frontier Commercial Co. Ltd. Vs Dcit, (Merged With Sucon India Ltd. Later Central Circle-Ii, Merged With M/S Akriti Global Faridabad Traders Ltd.), Rra Taxindia, D-28, South Extension, Part-1, New Delhi-110049 (Appellant) (Respondent) Pan No. Aabcf1424D Assessee By : Sh. Somil Aggarwal, Adv. & Sh. Deepesh Garg, Adv. Revenue By : Sh. Surender Pal Singh, Cit-Dr Date Of Hearing: 09.04.2025 Date Of Pronouncement: 09.04.2025 Order Per Satbeer Singh Godara: These Twin Assessee’S As Many Appeals I.E. Ita No. 7349/Del/2017 & Ita No. 1771/Del/2019, For Assessment Years 2013-14 & 2014-15 Arise Against The Cit(A), Karnal’S In Case No. It/75/Ggn/2015-16 & Cit(A)-3, Gurgaon’S In Case No. 550/Cit(A)-3/Ggn/2016-17 Dated 07.09.2017 & Frontier Commercial Co. Ltd. 30.11.2018, In Proceedings U/S 143(3) R.W.S. 153B Of The Income Tax Act, 1961 (In Short “The Act”), Respectively.

For Appellant: Sh. Somil Aggarwal, Adv. &For Respondent: Sh. Surender Pal Singh, CIT-DR
Section 143(3)Section 153C

departmental authorities had carried out a search action dated 09.09.2012 in M/s SRS Group of cases leading the Assessing Officer to frame the above regular assessment in the assessee’s hands thereby disallowing selling charges of Rs.56,23,615/-. 4. Learned CIT-DR could hardly dispute that the assessee