Section 149(1)(c) of the Income Tax Act
Income-tax Act, 2025: s.282
Section 149(1)(c) falls under section 149 of the Income-tax Act, 1961, which corresponds to section 282 (Time limit for notices under sections 280 and 281) of the Income-tax Act, 2025.
Read section 282 of the 2025 Act
Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.
The decision most relied on for Section 149(1)(c) is 535 (Del); 6. Tata Teleservices v. UOI (385 ITR 497), cited in 163 of the 35 judgments on BharatTax that turn on this section.
Leading authorities on Section 149(1)(c)
Orders passed under section 201(1) are barred by limitation if the prescribed period of limitation under section 201(3) had expired before the amendment by the Finance Act, 2014 came into force. The amended section 201(3) does not apply retrospectively.
Not all receipts constitute income chargeable to tax. An Assessing Officer cannot reject a prima facie reasonable explanation on mere probabilities or arbitrary grounds, but must disprove facts.
An assessee found to be the owner of bullion, etc., must explain its source. The Income Tax Officer must find the assessee to be the owner, not merely in possession.
An Assessing Officer may reject the genuineness of a transaction if the evidence provided by the assessee is not trustworthy, even if the transaction appears to be conducted through cheques or other formal means. The burden of proving the genuineness of a transaction lies primarily on the assessee.
Sums credited in the books of an assessee can be added as unexplained cash credits under Section 68 of the Income Tax Act if the explanation offered regarding their nature and source is not satisfactory.
The case is distinguished when the assessee has explained the contents of a base note and clarified their residency status and taxability in India, unlike in the cited case where the assessee, a non-resident, failed to explain the contents of a base note related to a foreign bank deposit.
