Section 153 of the Income Tax Act

Income-tax Act, 2025: s.286

Section 153 of the Income-tax Act, 1961 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 is 21. In SB Gurbaksh Singh v. Union of India (2 SCC 181), cited in 318 of the 1,265 judgments on BharatTax that turn on this section.

Leading authorities on Section 153

21. In SB Gurbaksh Singh v. Union of India
2 SCC 181 · 2007 · Supreme Court
318
citing judgments
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.

(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 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.

State of Punjab v. Bhatinda District Coop. Milk Producers Union Ltd.
11 SCC 363 · 2007 · Reported
140
citing judgments

Statutory authorities must exercise their suo motu or revisional powers within a reasonable period, even if the governing statute does not prescribe a specific limitation period. What constitutes a 'reasonable period' depends on the nature of the statute, the rights and liabilities involved, and other relevant factors.

Judgments on Section 153

Satya Prakash Soni, Lucknow vs. Income Tax Officer, Lucknow

In the result, the appeal of the assessee is partly allowed

ITA 133/LKW/2025[2013-2014]Status: DisposedITAT Lucknow23 Jun 2026AY 2013-2014

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2013-14 Satya Prakash Soni, Vs Income Tax Officer B-17, Indira Nagar, Lucknow Pan: Anqps7187P (Appellant) (Respondent) Assessee By: Sh. P.K. Kapoor, C.A. Revenue By: Sh. R.K. Agarwal, Cit Dr Date Of Hearing: 25.03.2026 Date Of Pronouncement: 23.06.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Against The Order Of The Ld. Cit(A) Under Section 250 Of The Income Tax Act, 1961 Dated 5.12.2024, Wherein The Ld. Cit(A) Has Partly Allowed The Appeals Of The Assessee That Were Filed Against The Order Of The Assessing Officer Under Section 147 R.W.S. 143(3) For The A.Y. 2013-14 On 27.03.2022. The Grounds Of Appeal Are As Under:- “1. Because The Entire Assessment Proceedings Commencing With Recording Of Reason To Believe & Concluding With Passing Of The Assessment Order Dated 27.03.2022 Are Void Ab Initio As The Very Formation Of The Assessment Stands Vitiated On Account Of Jurisdictional Infirmity & Breach Of Mandatory Procedure & Consequently, The Said Assessment Order Deserved To Be Held As Illegal, Bad In Law & Without Jurisdiction. 2. Because The Id. "Cit(A)" Has Erred In Law & On Facts In Not Quashing The Assessment Order Even Though The Notice U/S 148 Of The Act, In Pursuance Of Which The Assessment Proceedings U/S 147 Were Initiated, Having Been Issued After Expiry Of Six Years, Was Barred By Limitation. 3. Because The Id. "Cit(A)" Has Erred In Law & On Facts In Not Quashing The Assessment Order By Holding The Same As Illegal, Bad In Law & Without Jurisdiction Even Though Reason To Believe Was Recorded On Incorrect Facts.

For Appellant: Sh. P.K. Kapoor, C.AFor Respondent: Sh. R.K. Agarwal, CIT DR
Section 147Section 148Section 151Section 153Section 155Section 250Section 50CSection 50C(1)Section 56(2)