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)

Shri Ashok Dharendra, Jaipur vs. Deputy Commissioner of Income Tax, Jaipur

In the result, appeal of the assessee is allowed

ITA 256/JPR/2018[2015-16]Status: DisposedITAT Jaipur12 Apr 2022AY 2015-16

Bench: Shri Sandeep Gosain, Jm & Shri Rathod Kamlesh Jayantbhai, Am Vk;Dj Vihy La-@Ita No. 256/Jp/2018 Fu/Kzkj.K O"Kz@Assessment Year :2015-16 Shri Ashok Dharendra, Cuke D.C.I.T. 23, Shivraj Niketan Scheme, Vs. Central Circle-3, Gautam Marg, Nr Vaishali Jaipur. Nagar Circle, Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aavpd 6554 B Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Manish Agarwal (Ca) Jktlo Dh Vksj Ls@ Revenue By : Shri S. Najmi (Cit-Dr) Lquokbz Dh Rkjh[K@ Date Of Hearing : 02/02/2022 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 12 /04/2022 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is An Appeal Filed By The Assessee Against The Order Of Ld. Cit(A)- 4, Jaipur Dated 01/12/2017 For The A.Y. 2015-16 In The Matter Of Order Passed U/S 143(3) Read With Section 153B(1)(B) Of The Income Tax Act, 1961 (In Short, The Act), Wherein Following Grounds Have Been Taken. “1. On The Facts & In The Circumstances Of The Case The Ld. Cit(A) Has Grossly Erred In Confirming The Addition Of Rs. 1,50,00,000/- Made In The Assessment Completed U/S 143(3) R.W.S. 153B(1)(B) Solely On The Basis Of Statements Recorded During The Course Of Search Which Stood Retracted By The Assessee Through An Affidavit Filed. Thus, The Addition Made Solely On The Basis Of Such Retracted Statements Deserves To Be Deleted.

For Appellant: Shri Manish Agarwal (CA)For Respondent: Shri S. Najmi (CIT-DR)
Section 132Section 143(3)Section 153B(1)(b)Section 3

ACIT, CC-1, Jaipur vs. Dr. Shiv Gautam, Jaipur

In the result, appeal of the Revenue is dismissed

ITA 85/JPR/2021[2017-18]Status: DisposedITAT Jaipur31 Mar 2022AY 2017-18

Bench: Shri Sandeep Gosain, Jm & Shri Rathod Kamlesh Jayantbhai, Am Vk;Dj Vihy La-@Ita No. 85/Jp/2021 Fu/Kzkj.K O"Kz@Assessment Year :2017-18 A.C.I.T., Cuke Dr. Shiv Gautam, Central Circle-1, Vs. 1, Gokul, Jacob Road, Civil Lines, Jaipur. Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Abopg 4893 N Vihykfkhz@Appellant Izr;Fkhz@Respondent Jktlo Dh Vksj Ls@ Revenue By : Shri Sanjay Dhariwal (Cit-Dr) Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri P.C. Parwal (Ca) Lquokbz Dh Rkjh[K@ Date Of Hearing : 16/02/2022 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 31/03/2022 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is An Appeal Filed By The Revenue Against The Order Of Ld. Cit(A)- 4, Jaipur Dated 28/05/2021 For The A.Y. 2017-18 In The Matter Of Order Passed U/S 143(3) Read With Section 153B(1)(B) Of The Income Tax Act, 1961 (In Short, The Act), Wherein Following Grounds Have Been Taken. “1. Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Is Justified In Deleting The Addition Of Rs.17.30 Lakhs Inspite Of The Fact That The Assessee Has Made Surrender Of This Amount In His Statement Recorded As Per Law & Had Attributed It To Hitherto Undisclosed Receipts. 2. Whether On The Facts & In Circumstances Of The Case & In Law The Ld. Cit(A) Is Justified In Deleting The Addition Of Rs. 1,77,34,000/-

For Appellant: Shri P.C. Parwal (CA)For Respondent: Shri Sanjay Dhariwal (CIT-DR) fu/kZkfjrh dh vksj ls@
Section 143(3)Section 153B(1)(b)Section 250Section 250(4)