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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, CC-2(1), Kol, Kolkata vs. Shalimar Hatcheries Limited, Kolkata

In the result, the appeal of the Revenue is allowed and the Cross Objection filed by the assessee is dismissed

ITA 546/KOL/2023[2012-13]Status: DisposedITAT Kolkata24 Jan 2024AY 2012-13

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawali.T.A. No. 546/Kol/2023) Assessment Year: 2012-2013 Assistant Commissioner Of Income Tax,....Appellant Central Circle-2(1), Kolkata, Aayakar Bhawan Poorva, 3Rd Floor, 110, Shanti Pally, Kolkata-700107 -Vs.- Shalimar Hatcheries Ltd.,......................Respondent 46C, Chowringhee Road, Park Street, 17Th Floor, Everest House, Kolkata-700071 [Pan: Aadcs6537J] - A N D - C.O. No. 13/Kol/2023 (In I.T.A. No. 546/Kol/2023) Assessment Year: 2012-2013 Shalimar Hatcheries Ltd.,..................Cross Objector 46C, Chowringhee Road, Park Street, Kolkata-700071 [Pan: Aadcs6537J] -Vs.- Assistant Commissioner Of Income Tax,....Respondent Central Circle-2(1), Kolkata, Aayakar Bhawan Poorva, 110, Shanti Pally, Kolkata-700107 Appearances By: Shri P.P. Barman, Addl. Cit, Appeared On Behalf Of The Revenue

Section 132Section 139Section 143(2)Section 143(3)Section 147Section 148Section 153ASection 35(1)(ii)

Assessment Year: 2012-2013 & C.O. No. 13/KOL/2023 (in ITA No. 546/KOL/2023) Shalimar Hatcheries Ltd. expired, therefore, this assessment has been taken as a regular assessment and income of the assessee was assessed under section 143(3) read with section 153A on 27.03.2015. 7. The ld. Assessing Officer thereafter received

DCIT-14(1)(2), Mumbai vs. M/S. Reliance Infrastructure Limited, Mumbai

ITA 1149/MUM/2023[2015-16]Status: DisposedITAT Mumbai24 Jan 2024AY 2015-16

Bench: Shri.Narender Kumar Choudhry () & Shri S Rifaur Rahman () Ι.Τ.Α. No.1147/Mum/2023 : A.Y. 2011-12 Ι.Τ.Α. No.1148/Mum/2023 : A.Y. 2012-13 Ι.Τ.Α. No.1149/Mum/2023 : A.Y. 2015-16 Dcit, Circle-14(1)(2), Mumbai Vs M/S Reliance Infrastructure Ltd, Room No.455, 4Th Floor Ground Floor, Reliance Centre, Aayakar Bhavan, M.K. Road 19, Walchandhirachand Marg Mumbai-400 020 Ballard Estate, Mumbai-400 001 Appellant Pan : Aaacr7446Q Respondent Present For The Assessee : Shri Niraj Sheth (Ld. Adv), Sh. Jitendra Sanghvi (Ld. Ca) Present For The Department : Shri Rahul Kumar (Ld. Cit Dr) Date Of Hearing 14/12/2023 Date Of Pronouncement 24/01/2024 Order Per N.K. Choudhry (Jm): These Appeals Have Been Preferred By The Assessee, Against The Separate Ordersevendated 08/02/2023 Impugned Herein Passed By The National Faceless Appeal Centre, Delhi ( In Short `Nfac') / Ld. Commissioner Of Income Tax (Appeals) (In Short `Ld. Commissioner') Under Section 250 Of The Income-Tax Act, 1961 (In Short, `The Act') For The A.Ys. 2011-12, 2012- 13 & 2015-16, Respectively. 2

For Appellant: Shri Niraj Sheth (Ld. Adv)For Respondent: Shri Rahul Kumar (Ld. CIT DR)
Section 115JSection 143(1)Section 143(3)Section 147Section 250

1 ITA 1147 to 1149/Mum/2023 Reliance Infrastructure Ltd IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “D”, MUMBAI BEFORE SHRI.NARENDER