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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

Assistant Commissioner of Income Tax- 4(1)(1), Mumbai vs. Comfort Intech Limited, Mumbai

In the result, the appeals filed by the Assessee are allowed and the appeals of the Revenue are dismissed

ITA 2212/MUM/2024[2014-15]Status: DisposedITAT Mumbai27 Sept 2024AY 2014-15

Bench: Shri B.R. Baskaran & Shri Anikesh Banerjee

For Appellant: Shri Rajiv Khandelwal&For Respondent: Shri Yogendra T. Wakare, Sr.DR
Section 132Section 143(1)Section 143(3)Section 148

total income of Rs.71.18 lakhs, which was processed u/s. 143(1) of the Income Tax Act, 1961 („the Act‟) on 18-07-2012. The regular assessment u/s. 143(3) of the Act was completed on 30-01-2014 determining total income at Rs.75.00 lakhs. Subsequently, the AO reopened the assessment

Nichino India Private Limited (Formerly Nichino Chemical India Private Limited Now Merged), Hyderabad vs. DCIT., Circle-5(1), Hyderabad

In the result, appeal of the assessee is allowed for statistical purpose

ITA 366/HYD/2024[2020-21]Status: DisposedITAT Hyderabad25 Sept 2024AY 2020-21

Bench: Shri K.Narasimha Chary & Shri Madhusudan Sawdiaआ.अपी.सं / Ita No.366/Hyd/2024 (धििाारण वर्ा / Assessment Year: 2020-21) Nichino India Private Dcit / Acit Limited (Formerly Nichino Vs. Circle-5(1) Chemical India Private Hyderabad Limited, Now Merged) Hyderabad [Pan : Aaecn5394B] अपीलार्थी / Appellant प्रत्‍यर्थी / Respondent धििााररती द्वारा/Assessee By: Ms.Suvibha Nolkha, Ar राजस्‍व द्वारा/Revenue By : Shri D.Praveen, Dr सुिवाई की तारीख/Date Of Hearing: 09/09/2024 घोर्णा की तारीख/Pronouncement On: 25/09/2024

For Appellant: Ms.Suvibha Nolkha, ARFor Respondent: Shri D.Praveen, DR
Section 143(1)Section 143(3)Section 144C(3)Section 154

pleaded before the learned CIT(A) that due to changes in the income tax portal and also in view of the fact that the regular assessment proceedings were initiated, the assessee could not prefer an application under section 154 of the Act and due to the fact that the assessment ... been adopted, there should be scope available for the Revenue, either suo motu or at the instance of the assessee to make a regular assessment under Sub-section(2) of Section 143. The converse is not available; a regular assessment proceeding having been commenced under Section 143(2), there

The Chamber of Commerce, Thrissur vs. Income Tax Officer (Exemptions), Thrissur

Appeal is dismissed in above terms

ITA 871/COCH/2023[2014-15]Status: DisposedITAT Cochin25 Sept 2024AY 2014-15

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Ms. K. Parvathy Ammal, CAFor Respondent: Smt. V. Swarnalatha, Sr. DR
Section 11Section 142(1)Section 143(3)Section 154Section 263

Faced with this situation, learned counsel has raised the assessee’s legal argument that once the Assessing Officer’s corresponding sec.143(3) regular assessment dated 08.11.2016 stood revised as per the CIT(E)’s order dated 27.03.2019 passed u/sec.263 of the Act; the Assessing Officer had no jurisdiction to proceed

M/S Palliyakkal Service Co-Op Bank, Ernakulam vs. ITO, Kochi

ITA 413/COCH/2023[2017-18]Status: DisposedITAT Cochin25 Sept 2024AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Shri V.P. Narayanan, AdvocateFor Respondent: Smt. V. Swarnalatha, Sr. DR
Section 142(1)Section 143(3)Section 272ASection 272A(1)(d)Section 273BSection 80P

filed it’s audit report as well as all supportive documents very well before the said show cause notice which culminated in 143(3) regular assessment. That being the case, we are of the considered view that the impugned sec.272A penalty of Rs.10,000/- deserves to be deleted. Ordered accordingly

M/S Palliyakkal Service Co-Op Bank, Ernakulam vs. ITO, Kochi

ITA 412/COCH/2023[2017-18]Status: DisposedITAT Cochin25 Sept 2024AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Shri V.P. Narayanan, AdvocateFor Respondent: Smt. V. Swarnalatha, Sr. DR
Section 142(1)Section 143(3)Section 272ASection 272A(1)(d)Section 273BSection 80P

filed it’s audit report as well as all supportive documents very well before the said show cause notice which culminated in 143(3) regular assessment. That being the case, we are of the considered view that the impugned sec.272A penalty of Rs.10,000/- deserves to be deleted. Ordered accordingly

Shri Pawan Kumar Ruia., Kolkata vs. DCIT, Cir- 30, Kolkata.

In the result, the appeal is allowed

ITA 1197/KOL/2023[2014-15]Status: DisposedITAT Kolkata23 Sept 2024AY 2014-15

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.1197/Kol/2023 Assessment Year: 2014-15 Shri Pawan Kumar Ruia…..…….…....…………….......…....………....Appellant 5, Sunny Park, Kolkata – 700019. [Pan: Acnpr3823K] Vs. Dcit, Circle-30, Kolkata.......................................................…..…..... Respondent Appearances By: Shri Manoj Kataruka, Advocate, Appeared On Behalf Of The Appellant. Shri Sailen Samadder, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 30, 2024 Date Of Pronouncing The Order : September 23, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 11.09.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Sole Issue Involved In This Appeal Is Relating Non-Credits Of Tds Of Rs.95,80,949/- Out Of Total Tds Claim Of Rs.2,18,82,526/-. 3. The Brief Facts Of The Case Are That The Assessee Is An Individual & Derived Salary Income & Income From Other Sources. The Assessee Filed Its Return Of Income On 17.07.2014 Declaring A Total Income Of Rs.6,52,52,390/-. The Assessment Was Completed U/S 143(3) Vide Order Dated 17.12.2016 At A Total Income Of Rs.6,86,66,708/-. The Assessee

Section 143(3)Section 250

assessed tax'. The term "assessed tax" has been defined in Explanation 1 to mean the tax on total income determined u/s. 143(1) or regular assessment as reduced by the amount of: '(i) any tax deducted or collected at source in accordance with the provisions of Chapter XVII

Sushila Bhaurao Deshmukh, Amravati vs. Principal Commissioner of Income Tax-1, Nagpur

In the result, appeal filed by the assessee is allowed

ITA 76/NAG/2022[2017-18]Status: DisposedITAT Nagpur20 Sept 2024AY 2017-18

Bench: Shri V. Durgarao & Shrik.M. Roy, Accountant, Member

For Appellant: ShriK.P. DewaniFor Respondent: Shri Sandeep Salunke
Section 143(3)Section 263Section 263(1)Section 54BSection 54E

illegal, invalid and bad in law. 2) The learned PCIT erred in holding that no proper enquiry has been made in framing regular assessment u/s 143(3) of I.T. Act 1961. 2 SushilaBhauraoDeshmukh ITAno.76/Nag./2022 3) The learned PCIT erred considering the detailed submission and evidence placed on record ought ... evident that all the issues have been examined in detail and A.O. has taken possible view of the matter at the time of framing regular assessment u/s 143(3) of I.T. Act 1961. The order passed by A.O. cannot be termed as erroneous and prejudice to the interest of revenue

Aak South East India Private Limited, Hyderabad vs. DCIT, Circle-1(1), Hyderabad

In the result, appeal of the assessee is allowed

ITA 324/HYD/2024[2018-19]Status: DisposedITAT Hyderabad20 Sept 2024AY 2018-19

Bench: Shri K.Narasimha Chary & Shri Madhusudan Sawdiaआ.अपी.सं / Ita No. 324/Hyd/2024 (निर्धारण वर्ा / Assessment Year: 2018-19) Aak South East India Private Limited Vs. Dcit, Circle-1(1) Hyderabad Hyderabad [Pan : Aadca3601M] अपीलधर्थी / Appellant प्रत्‍यर्थी / Respondent निर्धाररती द्वधरध/Assessee By: Shri S.Rama Rao, Ld.Ar रधजस्‍व द्वधरध/Revenue By: Shri Shakeer Ahamed, Dr सुिवधई की तधरीख/Date Of Hearing: 15/07/2024 घोर्णध की तधरीख/Pronouncement On: 20/09/2024 आदेश / Order Per K. Narasimha Chary, J.M: Aggrieved By The Order Dated 08/02/2024 Passed By The Learned Commissioner Of Income Tax (Appeals) (“Ld. Cit(A)”), Bhubaneswar In The Case Of Aak South East India Private Limited (“The Assessee”) For The Assessment Year 2018-19, Assessee Preferred This Appeal, With A Delay Of One Day. 2. Assessee Company While Filing The Return Of Income For The Assessment Year 2018-19, By Mistake Failed To Make A Claim In The Column Number 49 Of The Return Of Income, Though Infact There Were Unabsorbed

For Appellant: Shri S.Rama Rao, Ld.ARFor Respondent: Shri Shakeer Ahamed, DR
Section 115JSection 143(1)Section 154

return of income under section 143(1) of the Income Tax Act, 1961 (“the Act”) though allowed unabsorbed depreciation for the purpose of regular assessment, but did not allow the same for the purpose of section 115JB of the Act. 3. When the assessee preferred grievance petition dated 21/09/2020

Paris Elysees India Pvt. Ltd., Jaipur vs. DCIT, Circle-7, Jaipur

ITA 681/JPR/2023[2012-13]Status: DisposedITAT Jaipur19 Sept 2024AY 2012-13

Bench: Him Against The Order Dated 05.12.2019 Passed Under Section 147/143(3) Of The Income Tax Act, [ For Short “Act” ] By Acit, Circle-07, Jaipur.

For Appellant: Sh. Rohan Sogani, CAFor Respondent: Sh. Anup Singh, Addl. CIT
Section 115JSection 147Section 148Section 151Section 250Section 253(5)

evident from the above discussion that in this case, the issue under consideration were never examined by the AO during the course of regular assessment/ reassessment…” 6. It is submitted that the in the case of the assessee company since assessment u/s 143(3) stood completed and since 4 years

ACIT, Circle 1(1), Chandigarh vs. M/S Sml Isuzu Ltd., Chandigarh

ITA 644/CHANDI/2022[2015-16]Status: DisposedITAT Chandigarh18 Sept 2024AY 2015-16

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

For Appellant: Shri Rohit Jain, Advocate and Ms. Somya Jain, C.AFor Respondent: Shri Vivek Vardhan, JCIT, Sr. DR
Section 143(2)Section 143(3)Section 147Section 148Section 250Section 253Section 3

which is not permissible in law. 31. That the return of income filed by the assesee for the year under consideration was picked for regular assessment vide notice dt. 19/09/2016 issued under section 143(2) of the Act. 32. That all the information as sought for by the AO inclusive ... trade receivables in Note 16 and Note 26 forming part of the audited financial statements of the assessee, duly submitted during the course of regular assessment proceedings. 25. Pertinently, the return of income filed by the assessee was selected for scrutiny under section 143(2) of the Act, intcr-alia

Aadhunik Infrastructure Development Private Limited, Jalgaon vs. The Deputy Commissioner of Income Tax, Circle-1, Jalgaon

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

ITA 439/PUN/2023[2012-13]Status: DisposedITAT Pune18 Sept 2024AY 2012-13

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2012-13

For Appellant: Shri Kishor B PhadkeFor Respondent: Shri Ramnath P Murkunde
Section 143(3)Section 14ASection 271(1)(c)Section 68

escaped the assessment for A.Y 2012-13 in case of the assessee. 6. In this case the return of income was filed and regular assessment u/s 143(3) was completed on 11.3.2015. Since more than four years have lapsed from the end of the assessment year in this case

Rajdeep Buildcon Pvt Ltd, Ahmednagar vs. Dy. Commissioner of Income Tax, Central Circle 1(2), Pune

In the result, the appeal filed by the assessee in ITA

ITA 469/PUN/2022[2013-14]Status: DisposedITAT Pune18 Sept 2024AY 2013-14

Bench: SHRI R. K. PANDA (Vice President), SHRI VINAY BHAMORE (Judicial Member)

For Appellant: Smt. Deepa KhareFor Respondent: Shri Ajay Kumar Keshari
Section 132Section 139Section 143(3)Section 14ASection 153A

merit in the ground to make a new claim of deduction or allowance during assessment/reassessment under section 153A as such where admittedly the regular assessments are shown as completed assessment on the date of initiation of action under section 132." 15. The above decisions were favorably referred and approved

Rajdeep Buildcon Privat Limited, Ahmednagar vs. Dy. Commissioner of Income Tax, Central Circle 1(2), Pune

In the result, the appeal filed by the assessee in ITA

ITA 468/PUN/2022[2012-13]Status: DisposedITAT Pune18 Sept 2024AY 2012-13

Bench: SHRI R. K. PANDA (Vice President), SHRI VINAY BHAMORE (Judicial Member)

For Appellant: Smt. Deepa KhareFor Respondent: Shri Ajay Kumar Keshari
Section 132Section 139Section 143(3)Section 14ASection 153A

merit in the ground to make a new claim of deduction or allowance during assessment/reassessment under section 153A as such where admittedly the regular assessments are shown as completed assessment on the date of initiation of action under section 132." 15. The above decisions were favorably referred and approved

Rajdeep Buildcom Private Limited, Ahmednagar vs. Deputy Commissioner of Income Tax, Central Circle - 1(2), Pune

In the result, the appeal filed by the assessee in ITA

ITA 467/PUN/2022[2011-12]Status: DisposedITAT Pune18 Sept 2024AY 2011-12

Bench: SHRI R. K. PANDA (Vice President), SHRI VINAY BHAMORE (Judicial Member)

For Appellant: Smt. Deepa KhareFor Respondent: Shri Ajay Kumar Keshari
Section 132Section 139Section 143(3)Section 14ASection 153A

merit in the ground to make a new claim of deduction or allowance during assessment/reassessment under section 153A as such where admittedly the regular assessments are shown as completed assessment on the date of initiation of action under section 132." 15. The above decisions were favorably referred and approved

Alexis Multi Speciality Hospital Pvt. Ltd, Nagpur vs. Deputy Commissioner of Income Tax, CPC, Banglore

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

ITA 55/NAG/2023[2018-19]Status: DisposedITAT Nagpur18 Sept 2024AY 2018-19

Bench: Shri V. Durga Rao

For Appellant: Shri Kapil HiraniFor Respondent: Shri Abhay Y. Marathe
Section 143(1)(a)Section 37Section 40A(3)Section 40A(7)

where order under 7 Alexis Multi–Specialty Hospital Pvt. Ltd. ITA no.55/Nag./2023 section 143(1)(a) of the Act is followed by a regular assessment under section 143(3), the order under section 143(1)(a), insofar as it is contrary to the regular assessment under section ... 49/Gty./2022, order dated 14/06/2023. Considering the legal proposition, as enumerated hereinabove that where order under section 143(1)(a) is followed by a regular assessment under section 143(3), the order under section 143(1)(a), insofar as it is contrary to the regular assessment under section

ACIT, Amravati Circle, Amravati vs. Chandrapur Dist Central Co-Op Bank Ltd, Chandrapur

In the result, appeal filed by the Revenue is dismissed

ITA 398/NAG/2023[2014-15]Status: DisposedITAT Nagpur18 Sept 2024AY 2014-15

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Mahavir AtalFor Respondent: Shri Sandeep Salonkhe
Section 271(1)(c)Section 36Section 36(1)Section 36(1)(viia)

said 10% amount arose from aggregate average of advances made by the assessee's rural branches. The Assessing Officer framed a regular assessment on 24.11.2011 disallowing such deduction on the ground that the assessee had not made a provision for bad and doubtful debts under the scheme of statutory allowances

ITO, Ward-1(1), Solapur vs. Ms. Kshirsagar Fabrics, Solapur

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

ITA 97/PUN/2024[2009-10]Status: DisposedITAT Pune17 Sept 2024AY 2009-10

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2009-10

For Appellant: Shri Nikhil PathakFor Respondent: Shri Sourabh Nayak, Addl. CIT
Section 143(3)Section 147Section 148Section 40A(3)

quite clear that the petitioner was granted depreciation allowance on the intangible assets in the nature of know-how purchased by it. A regular assessment order was passed under Section 143(3) of the IT Act. In reply to the Director of Audit, the AO had opposed the reopening ... taken The Hon'ble Jurisdictional Bombay High Court, in IL&FS Investment Managers Ltd vs ITO [2008] 298 ITR 32 where a regular assessment order was passed under section 143(3) of the Income-tax Act. In reply to the director of audit, the Assessing Officer had opposed the reopening

Jaiprakash Jindal, Mumbai vs. The ITO, Ward 20(2)(1), Mumbai

In the result, appeals of the assessee bearing ITA Nos

ITA 3280/MUM/2024[2010-11]Status: DisposedITAT Mumbai12 Sept 2024AY 2010-11

Bench: Shri Anikesh Banerjee () & Shri Gagan Goyal () - 2010-11 - 2009-10

Section 143(2)Section 143(3)Section 147Section 148Section 250

ld.CIT(A) passed the order and recorded the observation in para 4.4 which is reproduced as below:- “4.4. Interestingly, I find that in the regular assessment, for the assessee, u/s. 143(3) for AY 2010-11, exactly same issue arose. In that year, in the regular assessment

Manmohan Krishan Dang, Gurgaon vs. DCIT, Circle 1(1), Gurgaon

In the result, the appeal of the assessee is dismissed

ITA 2196/DEL/2024[2018-19]Status: DisposedITAT Delhi12 Sept 2024AY 2018-19

Bench: Sh. Pradip Kumar Kedia & Sh. Yogesh Kumar Us

For Appellant: Ms. Kavita Gupta, CA &For Respondent: Ms. Smita Singh, Sr. DR
Section 143(1)Section 143(1)(a)Section 143(3)Section 154Section 250

proceedings is on account of depreciation amount on account of personal use of assets. 6. While framing the regular assessment u/s 143(3) of the Act, the AO has accepted the income as per ROI and therefore, the relief on account of this inconsistency found ... relation to the Assessment order passed u/s 143(3) of the Act. The proceedings u/s 143(1) of the Act being independent of the regular assessment proceedings u/s 143(3) of the Act, a separate appeal remedy is available to the assessee against the adjustments made in Section

Alliance Vanashree Ventures, Pune vs. ITO Ward-12(1), Pune

The appeal is PARTLY ALLOWED

ITA 1458/PUN/2024[2015-16]Status: DisposedITAT Pune11 Sept 2024AY 2015-16

Bench: Hon’Ble Shri G. D. Padmahshali & Hon’Ble Shri Vinay Bhamoreassessment Year : 2015-16 Alliance Venashree Ventures Brahma Chambers, 4Th Flr., Sadashiv Peth, Pune-411030. Pan: Aaxfa1207G. . . . . . . . Appellant

For Appellant: None for the AssesseeFor Respondent: Mr BS Rajpurohit [‘Ld. DR’]
Section 139(1)Section 143(1)Section 143(3)Section 250Section 37(1)

variation. Later on, the said return was selected under CASS for limited scrutiny assessment u/s 143(3) of the Act. During the course of regular assessment, it was found that, the assessee firm debited a provision of ₹2,50,00,000/- towards cost of development to be incurred