Section 153B(1)(b) of the Income Tax Act

The decision most relied on for Section 153B(1)(b) is CIT v. Hero Cycles (P.) Ltd. (228 ITR 463), cited in 262 of the 140 judgments on BharatTax that turn on this section.

Leading authorities on Section 153B(1)(b)

CIT v. Hero Cycles (P.) Ltd.
228 ITR 463 · 1997 · Supreme Court
262
citing judgments

A point not examined on facts or in law cannot be treated as a mistake apparent on record for rectification purposes.

Brij Bhushan Lal Paraduman Kumar v. CIT
115 ITR 524 · 1978 · Supreme Court
113
citing judgments

The Supreme Court holds that an Assessing Officer, when making a best judgment assessment or estimating income, must act fairly, honestly, and rationally, basing the estimation on available material and avoiding arbitrary or capricious decisions. Adherence to natural justice principles is crucial during assessment proceedings.

Taparia Tools Ltd. v. JCIT
260 ITR 102 · 2003 · High Court
74
citing judgments

Under the mercantile system of accounting, revenue and expenses are matched on an accrual basis, comparing income earned and expenses incurred irrespective of cash flow. If the Department seeks to substitute an assessee's chosen method of accounting, the burden is on the Department to prove that the existing method is incorrect or distorts profits.

CIT v. Banjara 44. Developers & Constructions (P.) Ltd.
117 Taxmann.com 747 · 2020 · High Court
24
citing judgments

An assessee engaged in construction of flats, consistently following the project completion method of accounting, can continue to use this method if it has been accepted by revenue authorities in the past, and the Assessing Officer cannot unilaterally change it to an estimation basis.

Manjusha Estates (P) Ltd. v. ITO
393 ITR 644 · 2017 · High Court
18
citing judgments

The Tribunal is wrong in rejecting the Project Completion Method followed consistently by the assessee and applying the work-in-progress method, taxing 80% as net profit.

CIT v. Hynuop
290 ITR 702 · 2007 · High Court
11
citing judgments

Disallowance under Section 40A(3) may not be practicable for businesses that are inherently illegal, as compliance with payment methods might be impossible.

CIT v. Ankleshwar Taluka ONGC Land Loser Travellers Co-operative Society
362 ITR 92 · 2014 · High Court
9
citing judgments
Karnataka in CIT v. Smt. Annapoornamma Chandrashekar
204 Taxmann 158 · 2012 · Reported
7
citing judgments
Sudesh Teneja v. ITO
442 ITR 289 · 2022 · High Court
6
citing judgments
Mahaveer Kumar Jain v. CIT
165 DTR 113 · 2018 · Supreme Court
4
citing judgments

Judgments on Section 153B(1)(b)

M. Kamalakannan, Vellore vs. DCIT, Central Circle-3(4), Chennai

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

ITA 946/CHNY/2023[2020-21]Status: DisposedITAT Chennai09 Apr 2025AY 2020-21

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.946/Chny/2023 िनधा"रण वष"/Assessment Year: 2020-21 M. Kamalakannan Vs. The Deputy Commissioner Of Rep. By Legal Heir K. Kumaravel, Income Tax, No. 44, Kavi Medicals, Gudiyatham Central Circle 3(4), Road, Pallikonda, Vellore 635 809. Chennai. [Pan:Avspk5120C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. M. Nuzhath Khanam, Advocate ""थ" की ओर से/Respondent By : Shri S. Maruthu Pandian, Cit सुनवाई की तारीख/ Date Of Hearing : 01.04.2025 घोषणा की तारीख /Date Of Pronouncement : 09.04.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 09.02.2023 Passed By The Ld. Commissioner Of Income Tax (Appeals) - 18, Chennai For The Assessment Year 2020-21. 2. We Find That This Appeal Is Filed With A Delay Of 149 Days. The Assessee Filed A Petition For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Petition, We Find The Reasons Stated By The Assessee Are Bonafide, Which Really

For Appellant: Ms. M. Nuzhath Khanam, AdvocateFor Respondent: Shri S. Maruthu Pandian, CIT
Section 132Section 153ASection 69A

Asstt. Commissioner of Income Tax, Central Circle.1(3), Ahmedabad vs. M/S.Aaryavart Infrastructure Pvt. Ltd., Ahmedabad

In the result, appeal of the Revenue is partly allowed

ITSSA 70/AHD/2021[2017-18]Status: DisposedITAT Ahmedabad22 Jan 2025AY 2017-18

Bench: Dr. B.R.R. Kumar, Vice-Ms. Suchitra Kambleit(Ss)A No. 70/Ahd/2021 (Assessment Year: 2017-18) Deputy Commissioner Of M/S. Aaryavart Vs. Income-Tax, Infrastructure Pvt. Ltd., Central Circle-1(3), 17-A, First Floor, Pariseema Ahmedabad Complex, C.G. Road, Navrangpura, Ahmedabad-9 [Pan : Aadca 4844 Q] (Appellant) .. (Respondent) Appellant By : Shri Aseem L. Thakkar, Ar Respondent By: Shri V. Nandakumar, Cit-Dr Date Of Hearing 20.11.2024 Date Of Pronouncement 22.01.2025 O R D E R Per Dr. B.R.R. Kumar, Vice-: This Appeal Has Been Filed By The Revenue Against The Order Passed By The Learned Commissioner Of Income-Tax (Appeals)-11, Ahmedabad (Hereinafter Referred To As "Cit(A)" For Short) Dated 18.03.2021 Passed Under Section 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As "The Act" For Short], For Assessment Year (Ay) 2017-18. 2. The Brief Facts Of The Case Are That The Assessee-Company Is Engaged In Executing Government Contracts Obtained From Sardar Sarovar Narmada Nigam Ltd For Construction Of Canals, Laying Of Irrigation Pipelines Within Gujarat State, Building Of Railway Bridges At Chhota-Udaipur, Dabhoi, Gujarat. The Assessee-Company Is Also Engaged In Trading Of Building Materials Like Tmt Bars, Cement, Pipes, Grit-Kapchi Etc & Investment In Immovable Properties. The Assessee Filed Return Of Income U/S 139(1) Of It(Ss)A No. 70/Ahd/2021 Acit Vs. Aaryavart Infrastructure Pvt Ltd Asst. Year :– 2017-18 - 2–

For Appellant: Shri Aseem L. Thakkar, ARFor Respondent: Shri V. Nandakumar, CIT-DR
Section 131Section 133ASection 139(1)Section 139(5)Section 143(3)Section 244ASection 250