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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

Carcanet Infra Projects Private Limited, Pune vs. ITO, Ward1(2), Pune

In the result, additional ground raised by the assessee is allowed

ITA 2241/PUN/2025[2014-15]Status: DisposedITAT Pune27 Jan 2026AY 2014-15

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.2241/Pun/2025 निर्धारण वषा / Assessment Years: 2014-15 Carcanet Infra Projects Private V The Income Tax Officer, Limited, S Ward-1(2), Pune. Office No.460, Marvel Vista, Lulla Nagar Chowk, Sahaney Sujan Park, Bibwewadi, Pune – 411037. Pan: Aaecc5337M Appellant/ Assessee Respondent / Revenue Assessee By Shri Rajeev Thakkar Revenue By Shri Amol Khairnar – Cit(Dr) Date Of Hearing 22/01/2026 Date Of Pronouncement 27/01/2026 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For A.Y.2014-15 Dated 04.07.2025 Emanating From The Assessment Order Passed Under Section 143(3) R.W.S 147 Of The Income Tax Act, 1961, Dated 25.03.2019. Ita No.2241/Pun/2025 [A] Additional Ground Raised By The Assessee As Follows : “1) On The Facts & In The Circumstances Of The Case & In Law, The Ld. Commissioner Of Income-Tax (Appeals) Erred In Passing The Impugned Order Under Section 250 Dated 0-4Th July, 2025, Ignoring The Fact That An Earlier Order Under Section 250 Dated 23Rd November, 2021 Had Already Been Passed Allowing Withdrawal Of The Appeal Consequent To The Assessee Having Opted For The Direct Tax Vivad Se Vishwas Scheme, 2020. Justification For Raising Additional Grounds 1) The Grounds Had Remained To Be Specifically Raised While Filing The Appeal. 2) The Grounds Raised Are Legal, Factual & Goes To The Root Of The Matter.” Findings & Analysis : 2. We Have Heard Both The Parties & Perused The Records.

Section 143(3)Section 250

filed copies of Form No.5, ld.CIT(A)’s order, Assessment Order in the paper book. ITA No.2241/PUN/2025 [A] 3. In this case, there was regular assessment under section 143(3)on 30.12.2016. Assessee filed appeal against the said regular assessment order on 25.01.2017. 4. In this case, ld.Departmental Representative(ld.DR