Section 153B of the Income Tax Act

The decision most relied on for Section 153B is ACIT v. Sirajuddin& Co. (150 Taxmann.com 146), cited in 288 of the 671 judgments on BharatTax that turn on this section.

Leading authorities on Section 153B

ACIT v. Sirajuddin& Co.
150 Taxmann.com 146 · 2023 · High Court
288
citing judgments

Assessment orders are bad in law if they are passed without valid approval from the Additional Commissioner under Section 153D, or if such approval is granted mechanically without application of mind.

Shreelekha Damani v. DCIT
173 TTJ 332 · 2015 · ITAT
236
citing judgments

Approval granted by a superior authority under Section 153D in a mechanical or perfunctory manner, without proper application of mind, lacks legal sanctity and renders the subsequent assessment order null and void.

PCIT v. Sreelekha Damani
307 CTR 218 · 2019 · High Court
208
citing judgments

The validity of approval is a fundamental issue that can be raised at any time, and the Tribunal has jurisdiction to hear such issues even if they did not originate from the orders of the CIT(A).

Rajesh Kumar v. DCIT
287 ITR 91 · 2006 · Supreme Court
121
citing judgments

When a statutory authority takes action that can lead to civil or adverse consequences for an individual, the principles of natural justice, particularly the right to be heard (audi alteram partem), must be implicitly followed, even if the relevant statute does not expressly provide for it.

Builders’ Association Of India v. Union Of India
2 SCC 645 · 1989 · Reported
113
citing judgments
Sahara India (Firm,) Lucknow v. Commissioner of Income Tax
14 SCC 151 · 2008 · Reported
106
citing judgments

This case establishes principles for determining the validity of a special audit direction issued under Section 142(2A) and its impact on the extended period of limitation under Section 153(3) Explanation 1(iii), often considered in the context of natural justice.

Ramaiah Reddy v. ACIT
339 ITR 210 · 2011 · High Court
104
citing judgments

A search is considered complete once the search party leaves the premises with the seized material. A restraint order under section 132(3) can only be passed if there's a practical difficulty in seizing the material.

Pr.CIT v. Anuj Bansal
165 Taxmann.com 3 · 2024 · Supreme Court
83
citing judgments

Approval for assessments under Section 153D must demonstrate application of mind to the facts of the case and be obtained separately for each assessment year.

VLS Finance Limited & Another v. Commissioner of Income Tax & Another
12 SCC 32 · 2016 · Reported
77
citing judgments

Transaction charges paid to a stock exchange are for providing a facility and not fees for technical services, thus no tax deduction is required under Section 194J.

L/H Mrs. Ranjana Katyal v. DCIT
308 ITR 168 · 2009 · High Court
64
citing judgments

A reference for assessment years preceding the commencement of a search protocol is invalid, and no extended limitation period can be applied.

Judgments on Section 153B

Sri. K. Shekar Raju, Bangalore vs. DCIT, Bangalore

In the result, the appeal filed by the assessee stands allowed for statistical purposes in the terms indicated above

ITA 813/BANG/2014[2007-08]Status: DisposedITAT Bangalore22 Mar 2019AY 2007-08

Bench: Shri Arun Kumar Garodia & Shri Laliet Kumarassessment Year : 2007-08 Shri K. Shekar Raju, The Deputy #169, 3Rd Cross, Cex Layout, Commissioner Of Rmv 2Nd Stage, Vs. Income Tax, Bhoopasandra, Central Circle – 2 [2], Bangalore – 560 004. Bangalore. Pan: Afsps7129H Appellant Respondent Assessee By : Shri Chandrashekar, Advocate Revenue By : Shri K.R. Narayana, Jcit (Dr) Date Of Hearing : 20.03.2019 Date Of Pronouncement : 22.03.2019 O R D E R Per Shri A.K. Garodiathis Appeal Is Filed By The Assessee & The Same Is Directed Against The Order Of Ld. Cit (A)-Vi, Bangalore Dated 28.02.2014 For Assessment Year 2007-08. 2. The Grounds Raised By The Assessee Are As Under. “1. The Orders Of The Authorities Below In So Far As They Are Against The Appellant Are Opposed To Law, Equity, Weight Of Evidence, Probabilities, Facts & Circumstances Of The Case. 2. The Order Of Re-Assessment Passed U/S.143[3] Rws 153C Of The Act Is Without Jurisdiction & Void-Ab-Initio In As Much As The Assessment Having Already Been Completed By The Very Learned A.O. For The Impugned Assessment Year Earlier On 15/12/2009 & Thus Cannot Re- Assess/Revise His Own Order Which Is Outside The Purview & Scheme Of The Act Envisaged & Thus The Impugned Assessment Requires To Be Held As Null & Void & Are Non-Est In Law. 3. Without Prejudice To The Above, The Order Of Assessment Passed U/S.143[3] 153C Of The I.T.Act Wherein The Impugned Additions Assessed By The A.O. Were Already Dealt & Deliberated In The Earlier Proceedings Completed On 15/12/2009 By The Very Learned A.O. & The A.O. Being Satisfied By The Explanations Tendered Then & That No Additions Were Made In Such Assessment & It Is Therefore Now Not Open To The Very A.O. To Revist/Revise/Negate His Own Findings Which Are Not Permissible As Per The Scheme Of The Act. Page 2 Of 4

For Appellant: Shri Chandrashekar, AdvocateFor Respondent: Shri K.R. Narayana, JCIT (DR)
Section 143Section 143(3)Section 153BSection 153CSection 234A