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

A.C.I.T., Central Circle-IV, Kolkata vs. M/S Utsav Rice Mills (P) Ltd., Kolkata

In the result, appeal filed by the Revenue, is dismissed

ITA 2820/KOL/2013[2008-2009]Status: DisposedITAT Kolkata15 Mar 2017AY 2008-2009

Bench: Shri A.T.Varkey, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.2820/Kol/2013 ("नधा"रण वष" /Assessment Year:2008-2009) Acit, Cc-Vi, Kolkata Vs. M/S Utsav Rice Mills (P) Ltd., 3Rd Floor, Aayakar Bhawan Room No.772, 7Th Floor, 25, Poorva, E.M.Bye Pass, 110 Strand Road, Marshal House, Shanti Pally, Kolkata- Kolkata-700001 700107 "थायी लेखा सं./जीआइआर सं./Pan/Gir No.: Aaacu 3922 G .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Assessee By : Shri K.M.Roy, Fca Revenue By : Shri G.Mallikarjuna, Cit Dr सुनवाई क" तार"ख / Date Of Hearing : 18/01/2017 घोषणा क" तार"ख/Date Of Pronouncement 15/03/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Revenue, Pertaining To The Assessment Year 2008-09, Is Directed Against The Order Passed By Ld. Commissioner Of Income Tax (Appeals)-I, Kolkata, In Appeal No.306/Cc- Vi/Cit(A)C-I/11-12, Dated 22-10-2013, Which In Turn Arises Out Of An Order Passed By The Assessing Officer (Ao) Under Section 153A/143(3) Of The Income Tax Act 1961, (In Short The ‘Act’), Dated 31.12.2011. 2. Brief Facts Of The Case Qua The Assessee Are That A Search & Seizure Operation Was Conducted On 16-9-2009 At The Residential & Business Premises Of The Assessee Group. In Response To Notice U/S.153A, The Assessee Filed His Return Of Income For The Relevant Assessment Year On 05.11.2011, Declaring Total Income Of Rs.39,01,011/-. Earlier The Original Return Was Filed By The Assessee On 30-9-2008 At Total Income Of Rs.29,29,345/-. The Assessee Claimed Expenditure Of Rs.69,72,125/- On M/S Utsav Rice Mills (P) Ltd.

For Appellant: Shri K.M.Roy, FCAFor Respondent: Shri G.Mallikarjuna, CIT DR
Section 132Section 133ASection 142(1)Section 143(2)Section 143(3)Section 153A