Section 153(3) of the Income Tax Act

Income-tax Act, 2025: s.286

Section 153(3) 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(3) is Commissioner of Income Tax v. Roca Bathroom Products (P) ltd. (445 ITR 537), cited in 269 of the 171 judgments on BharatTax that turn on this section.

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).

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.

CIT v. Roca Bathroom Products (P.) Ltd.
147 Taxmann.com 224 · 2023 · Supreme Court
178
citing judgments

The grant of special leave by the Supreme Court signifies that an issue is admitted for final adjudication, and the correctness of the High Court's judgment is under scrutiny. The order granting leave does not affirm the High Court's view nor declare law; consequently, the High Court judgment loses its finality.

Shelf Drilling Ron Tappmeyer Ltd. v. ACIT\n(Intl. Taxation)
153 Taxmann.com 162 · 2023 · High Court
169
citing judgments

The time consumed in proceedings before the Dispute Resolution Panel (DRP) under Section 144C must be subsumed within the limitation period prescribed under Section 153 for the completion of assessment, meaning these timelines are not mutually exclusive.

Sultana Begum v. Prem Chand Jain
259 ITR 449 · 2003 · Supreme Court
147
citing judgments

Section 144C(4) uses a non-obstante clause to expedite the final assessment order, requiring the Assessing Officer to pass it immediately upon acceptance or lack of objection to the TPO's order, irrespective of broader time limits under Section 153.

Aveva Solutions India LLP v. ITO
180 Taxmann.com 731 · 2025 · ITAT
123
citing judgments

An assessment order passed beyond the period of limitation prescribed by section 144C(13) read with section 153 of the Act is liable to be quashed.

Kone Elevator India P. Ltd. v. ITO
340 ITR 454 · 2012 · High Court
86
citing judgments

When taxable income has escaped assessment, the assessee's plea that no fresh material is before the assessing officer to warrant reopening is not relevant.

126 Taxman 321/259 ITR 449; & Franklin Templeton Trustee Services (P.) Ltd. v. Amruta Garg
124 Taxmann.com 326 · 2021 · Reported
78
citing judgments

When interpreting statutes, courts strive to avoid conflicting provisions and interpret the law in a manner that is not absurd, unworkable, illogical, futile, pointless, artificial, or disproportionate.

Roca Bathroom Products (P.) Ltd. v. Dispute Resolution Panel-2
127 Taxmann.com 332 · 2021 · High Court
57
citing judgments

A High Court decision is binding on subordinate authorities like the Assessing Officer. The Assessing Officer erred in not following a prior jurisdictional High Court ruling and a Madras High Court ruling.

Judgments on Section 153(3)

Rashmi Sponge Iron and Power Industries, Raipur vs. Principal Commissioner of Income Tax, Raipur-1, Raipur

In the result, the appeal of the assessee is dismissed

ITA 98/RPR/2022[2017-18]Status: DisposedITAT Raipur20 Jul 2023AY 2017-18

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.98/Rpr/2022 (िनधा"रण वष" / Assessment Year: 2017-18) Rashmi Sponge Iron & Power Vs Principal Commissioner Of Income Industries Pvt. Ltd., Tax, 407-408, Ganpati Sadan, Raipur-1, Samta Colony, Raipur Raipur Pan No. : Aaacj2311G (अपीलाथ" /Appellant) .. (""यथ" / Respondent) िनधा"रतीक"ओरसे /Assessee By : Sh. Rajesh Kumar Chawda, Ca राज"वक"ओरसे /Revenue By : Sh. Simran Bhullar, Cit (Dr) सुनवाईक"तार"ख/ Date Of Hearing : 20.07.2023 घोषणाक"तार"ख/Date Of Pronouncement : 20.07.2023 आदेश / O R D E R Per Arun Khodpia, Am : The Present Appeal By The Assessee Is Directed Against The Order Of The Principal Commissioner Of Income Tax (Pcit), Raipur-1, Dated 23.03.2022 For The Assessment Year 2017-18. 2. At The Outset, Learned Counsel Appearing For The Assessee Submitted That The Assessee Wants To Withdraw The Present Appeal. He Has Also Filed An Application Dated 18.07.2023 For Withdrawal Of The Appeal, Which Is Extracted As Under: “It Is Most Humbly Requested Before This Hon’Ble Bench To Kindly Allow Us To Withdraw The Appeal On Following Facts:- 1) The Proceedings U/S 263 Of The It Act, 1961 Was Started On 09.08.2021 Relating To Ay 2017-18 During The Pendency Of Re- Assessment Proceeding Already Started On 09.06.2021 U/S 148 Of The It Act, 1961 & Accordingly Was Objection Raised On 08.09.2021 Which Was Not Considered By Ld. Pr. Cit, Raipur & Alongwith Request Of Personal Hearing Made On 18.02.2022 Before Deciding The Case & Passed The Order U/S 263 Of The It Act, 1961 Dated 23.03.2023. (Copies Attached)

For Appellant: Sh. Rajesh Kumar Chawda, CAFor Respondent: Sh. Simran Bhullar, CIT (DR)
Section 142(1)Section 144BSection 147Section 148Section 148ASection 153Section 153(3)Section 254Section 263Section 264