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“Section 153(3)”

Section References (mined)Section 153Section 153(3)206 judgments

The decision most relied on for Section 153(3) is Commissioner of Income Tax v. Roca Bathroom Products (P) ltd. (445 ITR 537), cited in 269 judgments on BharatTax.

Leading authorities on Section 153(3)

Commissioner of Income Tax v. Roca Bathroom Products (P) ltd.
445 ITR 537 · 2022 · High Court
269
citing judgments

The time limit for the Assessing Officer to pass a final assessment order under Section 144C(13) following directions from the Dispute Resolution Panel is determined by the specific provisions of Section 153, particularly Section 153(2A).

Shree Chamundi Mopeds Ltd. v. Church of South India Trust Association
3 SCC 1 · 1992 · Reported
267
citing judgments

If an issue has been decided by a competent court or bench, and that decision remains undisturbed by a higher court, subsequent appeals on the same issue can be dismissed as being covered by the earlier judgment, underscoring judicial discipline.

CIT v. Godavari Devi Saraf
113 ITR 589 · 1978 · High Court
235
citing judgments

An Income-tax Tribunal, operating anywhere in the country, must respect and follow the law laid down by any High Court, even if it is a non-jurisdictional High Court, as long as there is no contrary decision from another High Court on that specific legal point. The law declared by such a High Court is considered the final law of the land for the Tribunal.

Shelf Drilling 4. In ACIT (International Taxation) v. Shelf Drilling Ron Tappmeyer Ltd.
177 Taxmann.com 262 · 2025 · Supreme Court
216
citing judgments

The Supreme Court has not reached a majority verdict on whether the time spent in Dispute Resolution Panel (DRP) proceedings under Section 144C should be included within the overall limitation period prescribed by Section 153(3). Consequently, the legal position on the interplay between Sections 144C and 153 remains unresolved at the Supreme Court level.

Income Tax v. Institute of Banking Personnel Selection (IBPS)
131 Taxmann 386 · 2003 · High Court
188
citing judgments

The Income Tax Act, 1961, does not permit the carry forward of excess expenditure of a charitable trust to be set off against future surpluses, as such trusts are governed by a self-contained code under Sections 11 to 13, not the head 'Profits and Gains of Business'. However, depreciation on fixed assets is allowable to a charitable institution registered under section 12A.

(i) Sultana Begum v. Prem Chand Jain
1 SCC 373 · 1997 · Reported
187
citing judgments

A statute must be read as a whole, construing every clause with reference to its context and other provisions, to determine the legislature's real intention and ensure a consistent enactment. This principle, known as "ex visceribus actus," helps avoid inconsistencies within the law.

CIT (Central) v. Kabul Chawla
2015 SCC OnLine DEL 11555 · 2015 · Reported
186
citing judgments

No addition can be made in respect of a completed assessment in the absence of incriminating material, especially when considering the object and purpose of Section 153-A.

153 (Gujarat) 8 Shakti Karnawat v. ITO
296 ITR 90 · 2008 · High Court
171
citing judgments

A live link of third-party information can form the basis for reopening an assessment under Section 148, provided it contains material facts necessary for assessment. The Assessing Officer must demonstrate a "reason to believe" that income has escaped assessment, which can be satisfied by such information even if it pertains to other assessees or relates to accommodation entries.

Judgments citing Section 153(3)

Dewarkadhish Developers, Bharuch vs. The Dy.CIT, Central Circle-2, Vadodara

In the result, all three appeals are dismissed

ITA 637/AHD/2025[2017-18]Status: DisposedITAT Ahmedabad10 Jun 2025AY 2017-18

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos. 635 To 637/Ahd/2025 िनधा"रण वष" /Assessment Years : (2015-16 To 2017-18) Dwarkadhish Developers, The Deputy Commissioner Plot No. H-3066/4, बनाम/ Of Income Tax, V/S. Dwarkadhish Residency, Central Circle-2, Esic Hospital Road, Vadodara. Gidc Ankleshwar, Bharuch-393002. (Gujarat) "थायी लेखा सं./Pan: Aakfd8537F अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Adjournment Application Filed Revenue By : Shri Abhijit, Sr-Dr

For Appellant: Adjournment Application filedFor Respondent: Shri Abhijit, Sr-DR
Section 133ASection 144Section 144BSection 147Section 148Section 153(3)Section 251(1)(a)Section 69A

Nos.635 to 637/Ahd/2025. Dwarkadhish Developers vs.D CIT A.Ys 2015-16 to 2017-18) 3 year, exercising powers under the amended provisions of section 153(3) and the newly inserted proviso to section 251(1)(a), and set aside the assessments to the file of the Assessing Officer for fresh adjudication ... recipient of the alleged cash. However, we find from the appellate orders that the learned CIT(A) has exercised powers under the amended section 153(3) and the proviso to section 251(1)(a) of the Income-tax Act, 1961, both of which were amended by the Finance

Dewarkadhish Developers, Bharuch vs. The Dy.CIT, Central Circle-2, Vadodara

In the result, all three appeals are dismissed

ITA 636/AHD/2025[2016-17]Status: DisposedITAT Ahmedabad10 Jun 2025AY 2016-17

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos. 635 To 637/Ahd/2025 िनधा"रण वष" /Assessment Years : (2015-16 To 2017-18) Dwarkadhish Developers, The Deputy Commissioner Plot No. H-3066/4, बनाम/ Of Income Tax, V/S. Dwarkadhish Residency, Central Circle-2, Esic Hospital Road, Vadodara. Gidc Ankleshwar, Bharuch-393002. (Gujarat) "थायी लेखा सं./Pan: Aakfd8537F अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Adjournment Application Filed Revenue By : Shri Abhijit, Sr-Dr

For Appellant: Adjournment Application filedFor Respondent: Shri Abhijit, Sr-DR
Section 133ASection 144Section 144BSection 147Section 148Section 153(3)Section 251(1)(a)Section 69A

Nos.635 to 637/Ahd/2025. Dwarkadhish Developers vs.D CIT A.Ys 2015-16 to 2017-18) 3 year, exercising powers under the amended provisions of section 153(3) and the newly inserted proviso to section 251(1)(a), and set aside the assessments to the file of the Assessing Officer for fresh adjudication ... recipient of the alleged cash. However, we find from the appellate orders that the learned CIT(A) has exercised powers under the amended section 153(3) and the proviso to section 251(1)(a) of the Income-tax Act, 1961, both of which were amended by the Finance

Dewarkadhish Developers, Bharuch vs. The Dy.CIT, Central Circle-2, Vadodara

In the result, all three appeals are dismissed

ITA 635/AHD/2025[2015-16]Status: DisposedITAT Ahmedabad10 Jun 2025AY 2015-16

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos. 635 To 637/Ahd/2025 िनधा"रण वष" /Assessment Years : (2015-16 To 2017-18) Dwarkadhish Developers, The Deputy Commissioner Plot No. H-3066/4, बनाम/ Of Income Tax, V/S. Dwarkadhish Residency, Central Circle-2, Esic Hospital Road, Vadodara. Gidc Ankleshwar, Bharuch-393002. (Gujarat) "थायी लेखा सं./Pan: Aakfd8537F अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Adjournment Application Filed Revenue By : Shri Abhijit, Sr-Dr

For Appellant: Adjournment Application filedFor Respondent: Shri Abhijit, Sr-DR
Section 133ASection 144Section 144BSection 147Section 148Section 153(3)Section 251(1)(a)Section 69A

Nos.635 to 637/Ahd/2025. Dwarkadhish Developers vs.D CIT A.Ys 2015-16 to 2017-18) 3 year, exercising powers under the amended provisions of section 153(3) and the newly inserted proviso to section 251(1)(a), and set aside the assessments to the file of the Assessing Officer for fresh adjudication ... recipient of the alleged cash. However, we find from the appellate orders that the learned CIT(A) has exercised powers under the amended section 153(3) and the proviso to section 251(1)(a) of the Income-tax Act, 1961, both of which were amended by the Finance