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)

The Dy. CIT, Central Circle-1(1), Ahmedabad vs. Kamlesh Pravinchandra Shah, Bhavnagar

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

ITSSA 39/AHD/2023[2020-21]Status: DisposedITAT Ahmedabad20 Jun 2024AY 2020-21

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member It(Ss)A No.39/Ahd/2023 Assessment Year : 2020-21 The Dy.Cit Kamlesh Pravinchandra Shah Central Circle-1(1) Vs 1038/A-1, ‘Surmal’ Meghani Ahmedabad Circle Bhavnagar – 364 001 (Gujarat) Pan: Ankps 8719 F अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Sarju Mehta, Ar Revenue By : Shri Sudhendu Das, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 13/06/2024 घोषणा क" तार"ख /Date Of Pronouncement: 20/06/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: The Appeal Has Been Filed By The Revenue Against The Order Of The Ld.Commissioner Of Income Tax (Appeals)–11, Ahmedabad [Hereinafter Referred To As “The Ld.Cit(A)”], Who Deleted The Addition Of Rs.78,09,680/- & Rs.18,19,714/- Out Of The Total Addition Of Rs.84,09,680/- & Rs.27,00,000/- Respectively Made By The Assessing Officer (Hereinafter Referred To As “Ao”) In His Assessment Order Passed U/S.143(3) R.W.S. 153B(1)(B) Of The Income Tax Act,1961 (Hereinafter Referred To As “The Act”) For The Assessment Year (Ay) 2020-21 On The Basis Of Whatsapp Chat Analysis After Giving The Benefit Of Telescoping Against The Confirmed

For Appellant: Shri Sarju Mehta, ARFor Respondent: Shri Sudhendu Das, CIT-DR
Section 132Section 143(3)Section 153ASection 153B(1)(b)Section 69A