Section 153(2) of the Income Tax Act

Income-tax Act, 2025: s.286

Section 153(2) falls under section 153 of the Income-tax Act, 1961, which corresponds to section 286 (Time limit for completion of assessment, reassessment and recomputation) of the Income-tax Act, 2025.

Read section 286 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 153(2) is 165 Taxman 95 (Del); (ii) CIT v. Atedhsy Films P. Ltd. (306 ITR 309), cited in 35 of the 176 judgments on BharatTax that turn on this section.

Leading authorities on Section 153(2)

165 Taxman 95 (Del); (ii) CIT v. Atedhsy Films P. Ltd.
306 ITR 309 · 2008 · High Court
35
citing judgments

A notice is presumed to have been properly served if it is not returned as unserved, and objections regarding non-service are not acceptable in such cases.

Pr. CIT v. Lionbridge Technologies Pvt. Lt
260 Taxmann 273 · 2019 · High Court
22
citing judgments

A draft assessment order under section 144C(1) must be issued before a final assessment order, and a corrigendum cannot cure the failure to issue a proper draft order.

CIT v. Rajesh Kumar Sharma
311 ITR 235 · 2009 · High Court
21
citing judgments

Service of a notice or requisition under the Income-tax Act must be made in accordance with Section 282(1), which allows for service by post or as if it were a summons under the Code of Civil Procedure, 1908. Rules 12 to 15 of Order V of the CPC are relevant, emphasizing personal service where practicable.

Mahindra & Mahindra Limited v. DCIT
24 Taxmann.com 267 · 2012 · Reported
21
citing judgments

Interest paid on debentures until their conversion into shares is considered interest on borrowed money and is subject to TDS provisions. Such interest cannot be treated as dividend.

Fatechand Agarwal v. CWT
97 ITR 701 · 1974 · High Court
21
citing judgments

The Revenue bears the burden of proving that a notice was duly served on the assessee or their authorized representative. If no valid notice is served within the prescribed period, the Income-Tax Officer lacks the authority to initiate reassessment proceedings.

C.N. Nataraj and Others v. Vth Income Tax Officer, Bangalore
56 ITR 250 · 1965 · Reported
9
citing judgments
Jayanthi Talkies Distributors v. Commissioner of Income-tax
120 ITR 576 · 1979 · High Court
8
citing judgments
CIT v. Ramsukh Motilal
30 ITR 439 · 1956 · High Court
7
citing judgments
Dina Nath v. CIT
204 ITR 667 · 1993 · Reported
6
citing judgments
14 M/s Greatship (India) Ltd. v. ACIT, 5(1)(1) Court
398 ITR 645 · High Court
6
citing judgments

Judgments on Section 153(2)

P. Ravikumar, Namakkal vs. ITO, Ward-1, Namakkal

ITA 2492/CHNY/2024[2011-12]Status: DisposedITAT Chennai31 Dec 2024AY 2011-12

Bench: Hon'Ble Shri Manoj Kumar Aggarwal & Hon'Ble Shri Manu Kumar Giriआयकर अपील सं./ Ita No.2492/Chny/2024 (निर्धारणवर्ष / Assessment Year: 2011-2012) P. Ravikumar, D.No.H2/4,Mullai Nagar, Namakkal 637 001. [Pan: Atwpr 0272Q] (अपीलार्थी/Appellant) Vs. The Income Tax Officer, Ward 1, Namakkal. (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Appellant By प्रत्यर्थी की ओर से / Respondent By Shri. T.S. Lakshmi Venkatraman, C.A., Ms. T.M. Suganthamala, Irs, Addl. Cit. सुनवाई की तारीख /Date Of Hearing : 12.12.2024 घोषणा की तारीख / Date Of Pronouncement : 31.12.2024 आदेश / Order Per Manu Kumar Giri () This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 08.08.2024 For Assessment Year 2011-12. 2. In This Appeal, The Assessee Has Raised Eight (8) Grounds Of Appeal. However, The Counsel For The Assessee Has Pressed A Ground Of Limitation Which Is As Under: "2. On The Facts & Circumstances Of The Case The Lower Authorities Are Not Justified In Not Accepting The Position That The Assessment Framed Is Barred By Limitation In Terms Of Section 153(2) Of The Income Tax Act, In As Much As For The Notice Issued U/S 148 Of The Act Dated 24.03.2018 The Assessment Should Have Been Completed On Or Before 31.12.2018 But The Assessment Was Completed By Order Dated 29.11.2019, Which Order Is Barred By Limitation'. 2

Section 142(1)Section 143(3)Section 144Section 148Section 153(2)