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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)

Susheel Sharma, Saharan Pur vs. Income Tax Officer, Ward 3(4), Saharnpur, Saharan Pur

The appeal is allowed and the impugned assessment order is quashed

ITA 2992/DEL/2023[2011-12]Status: DisposedITAT Delhi16 Apr 2024AY 2011-12

Bench: Dr. B.R.R. Kumar & Shri Anubhav Sharmaassessment Year: 2011-12 Susheel Sharma, Vs Ito, Aarath Bazar, Ward 3(4), Gangoh, Saharanpur. Saharanpur, Uttar Pradesh – 247 341. Pan: Awwps2125A (Appellant) (Respondent) Assessee By : Shri Nitin Gulati, Advocate Revenue By : None- Adj. Application Date Of Hearing : 12.02.2024 Date Of Pronouncement : 16.04.2024 Order Per Anubhav Sharma, Jm: This Appeal Preferred By The Assessee Is Against The Order Dated 08.06.2023 Of The Commissioner Of Income-Tax (Appeal), Nfac, Delhi (Hereinafter Referred As Ld. First Appellate Authority Or In Short Ld. ‘Faa’) In Appeal No.Cit(A), Muzaffarnagar/10280/2017-18 Arising Out Of An Appeal Before It Against The Order Dated 30.08.2017 Passed U/S 143(3) R.W.S. 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By The Ito, Ward 3(4), Saharanpur (Hereinafter Referred As The Ld. Ao).

For Appellant: Shri Nitin Gulati, AdvocateFor Respondent: None- Adj. Application
Section 143Section 143(3)Section 153Section 153(3)Section 254Section 263Section 264

regard to the additional ground before us, being pure question of law is admitted and the relevant provision of the Act, applicable is section 153(3) of the Act and we consider it appropriate to reproduce the same:- “Section 153 (3) Notwithstanding anything contained in sub-sections

Assistant Commissioner of Income Tax, Chennai vs. Thiruthuraipoondi Tiruvenkadam Vivekanandam Dhinakaran, Chennai

In the result, both the appeals filed by the Revenue are dismissed

ITA 1423/CHNY/2023[1996-97]Status: DisposedITAT Chennai05 Apr 2024AY 1996-97

Bench: Shri V. Durga Rao & Shri Manjunatha, G.आयकर अपील सं./I.T.A. Nos.1422 & 1423/Chny/2023 िनधा"रण वष"/Assessment Years: 1995-96 & 1996-97 The Assistant Commissioner Of Vs. Thiruthuraipoondi Tiruvenkadam Income Tax, Central Circle 2(2), Vivekanandam Dhinakaran, Investigation Building, 5, Iv Street, Venkateswara Nagar, Chennai – 34. Karpagam Gardens, Adyar, Chennai 600 020. [Pan:Abkpd2771Q] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Sridhar, Advocate ""थ" की ओर से/Respondent By : Shri D. Hema Bhupal, Jcit सुनवाई की तारीख/ Date Of Hearing : 25.03.2024 घोषणा की तारीख /Date Of Pronouncement : 05.04.2024 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Revenue Are Directed Against The Common Order Of The Ld. Commissioner Of Income Tax (Appeals) 19, Chennai, Dated 06.10.2023 Relevant To The Assessment Years 1995-96 & 1996-97. 2. Brief Facts Of The Case Are That The Assessee, Shri Ttv Dhinakaran Has Filed His Return Of Income For The Assessment Years 1995 96 & 2

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri D. Hema Bhupal, JCIT
Section 132ASection 143(3)Section 147Section 148Section 153(3)Section 158B

Rs.3,80,32,884/- respectively. 6. After considering the submissions of the assessee, analysing the provisions of section 153(3) of the Act as well as by following the decision of the Tribunal in assessee’s own case in I.T.(SS)A. No. 1/Chny/2020 dated 09.04.2021 relevant to the block ... observing as under: 6.4.6 It may be appreciated that the Hon'ble ITAT has made a clear findings "that provisions of section 153(3) of the Act has no application and provisions of section 153(2A) should be applied". This is against the findings made

Assistant Commissioner of Income Tax, Chennai vs. Thiruthuraipoondi Tiruvenkadam Vivekanandam Dhinakaran, Chennai

In the result, both the appeals filed by the Revenue are dismissed

ITA 1422/CHNY/2023[1995-96]Status: DisposedITAT Chennai05 Apr 2024AY 1995-96

Bench: Shri V. Durga Rao & Shri Manjunatha, G.आयकर अपील सं./I.T.A. Nos.1422 & 1423/Chny/2023 िनधा"रण वष"/Assessment Years: 1995-96 & 1996-97 The Assistant Commissioner Of Vs. Thiruthuraipoondi Tiruvenkadam Income Tax, Central Circle 2(2), Vivekanandam Dhinakaran, Investigation Building, 5, Iv Street, Venkateswara Nagar, Chennai – 34. Karpagam Gardens, Adyar, Chennai 600 020. [Pan:Abkpd2771Q] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Sridhar, Advocate ""थ" की ओर से/Respondent By : Shri D. Hema Bhupal, Jcit सुनवाई की तारीख/ Date Of Hearing : 25.03.2024 घोषणा की तारीख /Date Of Pronouncement : 05.04.2024 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Revenue Are Directed Against The Common Order Of The Ld. Commissioner Of Income Tax (Appeals) 19, Chennai, Dated 06.10.2023 Relevant To The Assessment Years 1995-96 & 1996-97. 2. Brief Facts Of The Case Are That The Assessee, Shri Ttv Dhinakaran Has Filed His Return Of Income For The Assessment Years 1995 96 & 2

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri D. Hema Bhupal, JCIT
Section 132ASection 143(3)Section 147Section 148Section 153(3)Section 158B

Rs.3,80,32,884/- respectively. 6. After considering the submissions of the assessee, analysing the provisions of section 153(3) of the Act as well as by following the decision of the Tribunal in assessee’s own case in I.T.(SS)A. No. 1/Chny/2020 dated 09.04.2021 relevant to the block ... observing as under: 6.4.6 It may be appreciated that the Hon'ble ITAT has made a clear findings "that provisions of section 153(3) of the Act has no application and provisions of section 153(2A) should be applied". This is against the findings made