Section 153A of the Income Tax Act

The decision most relied on for Section 153A is National Thermal Power Co. Ltd. v. CIT (229 ITR 383), cited in 5,834 of the 18,957 judgments on BharatTax that turn on this section.

Leading authorities on Section 153A

National Thermal Power Co. Ltd. v. CIT
229 ITR 383 · 1998 · Supreme Court
5,834
citing judgments

Appellate authorities can consider new claims and additional grounds if the relevant facts are already on record. The purpose of assessment is to correctly determine tax liability, allowing both parties to raise issues.

CIT v. Kabul Chawla
380 ITR 573 · 2016 · High Court
3,235
citing judgments

In a search assessment under Section 153A, additions can only be made for completed or non-abated assessment years if incriminating material relevant to those years is found during the search, although notice under Section 153A(1) is mandatorily issued for six assessment years preceding the search.

CIT v. Vegetable Products Ltd.
88 ITR 192 · 1973 · Supreme Court
2,664
citing judgments

When two equally plausible interpretations of a taxing provision are possible, or when conflicting views exist from non-jurisdictional High Courts, the interpretation that favors the assessee must be adopted.

CIT v. Manjunatha Cotton & Ginning Factory
359 ITR 565 · 2013 · High Court
2,590
citing judgments

A penalty notice issued under section 274 read with section 271(1)(c) is invalid if it fails to specify whether the penalty proceedings are initiated for concealment of income or for furnishing inaccurate particulars of income. This non-specification vitiates the penalty proceedings.

Pr. CIT v. Abhisar Buildwell (P.) Ltd.
149 Taxmann.com 399 · 2023 · Supreme Court
2,379
citing judgments

An assessment under section 153A is without jurisdiction if there is an absence of incriminating material for an unabated assessment year.

Goetze (India) Ltd. v. CIT
284 ITR 323 · 2006 · Supreme Court
1,842
citing judgments

An assessee cannot raise a new claim or a claim not made in the original or revised return of income for the first time directly before the Assessing Officer during assessment proceedings.

CIT v. Continental Warehousing Corporation (Nhava Sheva) Ltd.
374 ITR 645 · 2015 · High Court
1,823
citing judgments

In Section 153A proceedings, the scope of assessment extends to abated proceedings, enabling an assessee to raise fresh legal claims that could have been made in regular assessment proceedings.

Radhasoami Satsang v. CIT
193 ITR 321 · 1992 · Supreme Court
1,695
citing judgments

The principle of consistency applies in tax matters, meaning a fundamental aspect found to be true in one assessment year should not be changed in a subsequent year if the order was not challenged.

CIT v. Sinhgad Technical Education Society
397 ITR 344 · 2017 · Supreme Court
1,589
citing judgments

For assessments under Section 153C, a notice is legally unsustainable if there is no incriminating material correlated to the specific assessment years for which reassessment is sought.

Jute Corporation of India Ltd. v. CIT
187 ITR 688 · 1991 · Supreme Court
1,372
citing judgments

The Commissioner of Income Tax (Appeals) possesses co-terminus powers with the Assessing Officer and can direct the Assessing Officer to perform actions he failed to do, but cannot introduce a new source of income in the assessment. The appellate assessment must be confined to the items of income that were the subject matter of the original assessment.

Judgments on Section 153A

Kamal Kishore Jaiswal, Dehradun vs. ACIT, Dehradun

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 991/DEL/2017[2007-08]Status: DisposedITAT Dehradun27 Apr 2022AY 2007-08

Bench: Dr. B. R. R. Kumar & Sh. Yogesh Kumar U.S.Assessment Year: 2007-08 Kamal Kishore Jaiswal, Vs Asst. Commissioner Of Income Tax, 23/25, Pritam Road, Central Circle, Dalanwala, Dehradun. Dehradun. (Appellant) (Respondent) Pan No. Acdpk1166C Assessee By : None Revenue By : Sh. N.S. Jangpangi, Cit-Dr Date Of Hearing: 25.04.2022 Date Of Pronouncement: 27.04.2022 Order Per Yogesh Kumar U.S.: This Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Cit(A)-Iv, Kanpur Dated 16.01.2017. 2. Brief Facts Of The Case Are That, During The Year Under Consideration, The Assesse Had Sold Plot On Which Long Term Capital Gain (Ltcg)Of Rs.22,62,367/- Has Been Declared In His Return Of Income Filed Under Section 139 Of The Act. Out Of Ltcg, Rs.13,95,000/- Has Been Claimed Exempt Under Section 54F Of The Act, Which Was Invested In The Purchase Of Residential House Property Amounting To Rs.38,95,000/- At Pritam Road, Dehradun. A Loan Amount Of Rs.25 Lakh Had Been Availed From Hdfc Bank For Purchase Of The Said Property. The Balance Amount Of Rs.8,67,367/- As Capital Gain Was Offered To Tax. At The Time Of 2 Kamal Kishore Jaiswal Filing Return Under Section 153A Of The Act, The Assessee Claimed Entire Amount Of Long Term Capital Gain Exempt Under Section 54F Act, Therefore, A Show Cause Notice Has Been Issued To The Assesse & A Reply Has Been Submitted By The Assesse On 05.02.2013 In The Following Manner:

For Appellant: NoneFor Respondent: Sh. N.S. Jangpangi, CIT-DR
Section 139Section 147Section 153ASection 217(1)(c)Section 54F

Mr. Chandrakant K. Karkare, Mumbai vs. Dy CIT, CC-1(2), Mumbai

In the result, the appeal filed by the assessee is hereby allowed

ITA 379/MUM/2021[2017-18]Status: DisposedITAT Mumbai26 Apr 2022AY 2017-18

Bench: Shri Amarjit Singh, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No. .378/Mum/2021 (निर्धारण वर्ा / Assessment Years: 2018-19) & आयकर अपील सं/ I.T.A. No. 379/Mum/2021 (निर्धारण वर्ा / Assessment Years: 2017-18) Mr. Chandrakant K. Karkare बिधम/ Dci, Cc-1(2) Room No.909, 9Th Floor, Emp-48/501, Evershine Valley, Vs. Thakur Village, Shyam Pratishtha Bhavan, M. K. Narayan Thakur Road, Road, Mumbai-400020. Kandivali (E), Mumbai-400101. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Adapk8405A (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Vishnu Agarwal Revenue By: Shri Ashok Kumar Kardam (Dr) सुनवाई की तारीख / Date Of Hearing: 22/03/2022 घोषणा की तारीख /Date Of Pronouncement: 26/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Above Mentioned Appeals Against The Different Order Passed By The Commissioner Of Income Tax (Appeals) -47, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Ys. 2017- 18 & 2018-19. Ita. No.379/Mum/2021 2. The Assessee Has Filed The Present Appeal Against The Order Dated 25.02.2021 Passed By The Commissioner Of Income Tax (Appeals) -47

For Appellant: Shri Vishnu AgarwalFor Respondent: Shri Ashok Kumar Kardam (DR)
Section 131Section 132(1)Section 133ASection 153A

Mr. Chandrakant K. Karkare, Mumbai vs. The DCIT, CC 1(2), Mumbai

In the result, the appeal filed by the assessee is hereby allowed

ITA 378/MUM/2021[2018-19]Status: DisposedITAT Mumbai26 Apr 2022AY 2018-19

Bench: Shri Amarjit Singh, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No. .378/Mum/2021 (निर्धारण वर्ा / Assessment Years: 2018-19) & आयकर अपील सं/ I.T.A. No. 379/Mum/2021 (निर्धारण वर्ा / Assessment Years: 2017-18) Mr. Chandrakant K. Karkare बिधम/ Dci, Cc-1(2) Room No.909, 9Th Floor, Emp-48/501, Evershine Valley, Vs. Thakur Village, Shyam Pratishtha Bhavan, M. K. Narayan Thakur Road, Road, Mumbai-400020. Kandivali (E), Mumbai-400101. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Adapk8405A (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Vishnu Agarwal Revenue By: Shri Ashok Kumar Kardam (Dr) सुनवाई की तारीख / Date Of Hearing: 22/03/2022 घोषणा की तारीख /Date Of Pronouncement: 26/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Above Mentioned Appeals Against The Different Order Passed By The Commissioner Of Income Tax (Appeals) -47, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Ys. 2017- 18 & 2018-19. Ita. No.379/Mum/2021 2. The Assessee Has Filed The Present Appeal Against The Order Dated 25.02.2021 Passed By The Commissioner Of Income Tax (Appeals) -47

For Appellant: Shri Vishnu AgarwalFor Respondent: Shri Ashok Kumar Kardam (DR)
Section 131Section 132(1)Section 133ASection 153A