Section 153C of the Income Tax Act

The decision most relied on for Section 153C is National Thermal Power Co. Ltd. v. CIT (229 ITR 383), cited in 5,834 of the 9,619 judgments on BharatTax that turn on this section.

Leading authorities on Section 153C

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.

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.

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.

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.

Andaman Timber Industries v. CCE
281 CTR 241 · 2015 · Supreme Court
1,335
citing judgments

An assessee must be given an opportunity to cross-examine third parties whose statements are relied upon for adverse findings. Failure to provide this opportunity is a serious flaw rendering the order a nullity.

Pr. CIT v. Meeta Gutgutia
395 ITR 526 · 2017 · High Court
1,226
citing judgments

In search assessments under Section 153A, additions to income are permissible only if incriminating material is found during the search; in the absence of such material, completed assessments cannot be disturbed. A statement recorded under Section 132(4) and later retracted may not, on its own, constitute sufficient incriminating evidence for making additions.

Dhakeshwari Cotton Mills Ltd. v. CIT
26 ITR 775 · 1954 · Supreme Court
1,061
citing judgments

Corroborative evidence is essential to support evidence found on third-party premises, and an assessment cannot be based on suspicion, surmises, or conjecture.

K.P. Varghese v. ITO
131 ITR 597 · 1981 · Supreme Court
989
citing judgments

An addition to income cannot be made merely on the basis of a difference in valuation of assets or a Valuation Officer's report without establishing actual understatement of consideration or the source of unexplained funds through proper enquiry. The Assessing Officer must conduct proper enquiry and satisfy the conditions for making such additions.

Judgments on Section 153C

Neepaben Sunnybhai Motwani, Rajkot vs. Income Tax Officer, Rajkot

In the result, both appeals of the assessee (in ITA No

ITA 875/RJT/2026[2021-22]Status: DisposedITAT Rajkot19 Oct 2026AY 2021-22

Bench: Dr. Arjun Lal Sainiआयकर अपील सं./Ita No. 874 & 875/Rjt/2026 [ िनधा"रण वष"/Assessment Year: 2020-21 & 2021-22 ] Neepaben Sunnybhai Motwani, The Income-Tax Officer, "Radha Swami", 3, Chandan Ward-1(1)(1), Aayakar Vs. Park, Raiya Road, Rajkot, Bhavan, Race Course Ring Gujarat-360007 Road, Rajkot, Gujarat -360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aqhpm2444F (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Hiren Shah, Ld. Ar Respondent By : Shri Ganesh Iyer, Ld. Sr. Dr Date Of Hearing : 30/09/2026 Date Of Pronouncement : 19/10/2026 :: Order :: Per, Dr. Arjun Lal Saini, Am: Captioned Two Appeals Filed By The Same Assessee, Pertaining To Assessment Years (Ay) 2020-21 & 2021-22, Are Directed Against The Separate Orders Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By The National Faceless Appeal Centre (Nac) Delhi/Commissioner Of Income-Tax (Appeals) [In Short ‘Nfac/Ld.Cit(A)’], Dated, Which In Turn Arise Out Of Separate Assessment Order Passed By The Assessing Officer U/S 147 Of The Act. 2. Since The Issue Involved In These Two Appeals Are Common & Identical, Therefore These Two Appeals Are Clubbed & Heard Together & A Consolidated Order Is Being Passed For The Sake Of Convenience & Brevity. The Facts As Well

For Appellant: Shri Hiren Shah, Ld. ARFor Respondent: Shri Ganesh Iyer, Ld. Sr. DR
Section 147Section 148Section 250Section 69A

Neepaben Sunnybhai Motwani, Rajkot vs. The Income Tax Officer, Rajkot

In the result, both appeals of the assessee (in ITA No

ITA 874/RJT/2026[2020-21]Status: DisposedITAT Rajkot19 Oct 2026AY 2020-21

Bench: Dr. Arjun Lal Sainiआयकर अपील सं./Ita No. 874 & 875/Rjt/2026 [ िनधा"रण वष"/Assessment Year: 2020-21 & 2021-22 ] Neepaben Sunnybhai Motwani, The Income-Tax Officer, "Radha Swami", 3, Chandan Ward-1(1)(1), Aayakar Vs. Park, Raiya Road, Rajkot, Bhavan, Race Course Ring Gujarat-360007 Road, Rajkot, Gujarat -360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aqhpm2444F (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Hiren Shah, Ld. Ar Respondent By : Shri Ganesh Iyer, Ld. Sr. Dr Date Of Hearing : 30/09/2026 Date Of Pronouncement : 19/10/2026 :: Order :: Per, Dr. Arjun Lal Saini, Am: Captioned Two Appeals Filed By The Same Assessee, Pertaining To Assessment Years (Ay) 2020-21 & 2021-22, Are Directed Against The Separate Orders Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By The National Faceless Appeal Centre (Nac) Delhi/Commissioner Of Income-Tax (Appeals) [In Short ‘Nfac/Ld.Cit(A)’], Dated, Which In Turn Arise Out Of Separate Assessment Order Passed By The Assessing Officer U/S 147 Of The Act. 2. Since The Issue Involved In These Two Appeals Are Common & Identical, Therefore These Two Appeals Are Clubbed & Heard Together & A Consolidated Order Is Being Passed For The Sake Of Convenience & Brevity. The Facts As Well

For Appellant: Shri Hiren Shah, Ld. ARFor Respondent: Shri Ganesh Iyer, Ld. Sr. DR
Section 147Section 148Section 250Section 69A

Venish Vinodray Lalani, Rajkot vs. Income Tax Officer, Morbi

In the result, appeal of the assessee is allowed

ITA 197/RJT/2026[2019-20]Status: DisposedITAT Rajkot19 Oct 2026AY 2019-20

Bench: Dr. Arjun Lal Sainiआयकरअपीलसं./Ita No. 197/Rjt/2026 [ "नधा"रणवष"/Assessment Year: 2019-20 ] Venish Vinodray Lalani, The Income-Tax Officer, Ward- Prop. Of Nandini Sarees Ghar, 1, Aayakar Vibhag, J. K. Vs. 4, Rup Complex, University Chamber, Lalpar, National Road, Opp. Ramraj Travels, Highway, Morbi – 363642, Rajkot – 360005, Gujarat Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aflpl9689Q (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Hiren Shah, Ld. Ar Respondent By : Shri Ganesh Iyer, Ld. Sr. Dr Date Of Hearing : 30/09/2026 Date Of Pronouncement : 19/10/2026 :: Order :: Per, Dr. Arjun Lal Saini, Am: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2019-20, Is Directed Against The Order Under Section-250 Of The Income- Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By The National Faceless Appeal Centre (Nac) Delhi/Commissioner Of Income-Tax (Appeals) [In Short ‘Nfac/Ld.Cit(A)’], Dated 30.12.2025, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 147 Read With Section 144B Of The Act, Dated 11.03.2024. 2. The Grounds Of Appeal Raised By The Assessee Are As Follows: “1. Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre Has Erred In Law & Facts In Dismissing The Grounds Raised In Appeal Venish Vinodray Lalani

For Appellant: Shri Hiren Shah, Ld. ARFor Respondent: Shri Ganesh Iyer, Ld. Sr. DR
Section 132Section 142(1)Section 143(1)Section 143(2)Section 144BSection 147Section 148

Dineshkumar Chhaganlal Manavadaria, Junagadh vs. ITO Ward 1, Junagadh

In the result, both appeals (ITA No

ITA 837/RJT/2025[2020-21]Status: DisposedITAT Rajkot09 Oct 2026AY 2020-21

Bench: Dr. Arjun Lal Sainiआयकर अपील सं./Ita No. 836 & 837/Rjt/2025 [ िनधा"रण वष" /Assessment Year: 2019-20 & 2020-21 ] Dineshkumar Chhaganlal Manavadaria, Ito Ward 1, Junagadh, Nandanvan Patel Chowk, Junagadh, बनाम/ Dargahvali Sheri Manavadar Gujarat 362001 Vs. Junagadh, Gujarat-362630 "ायीलेखासं./जीआइआरसं./Pan/Gir No.:Acbpm4826B (Appellant) (Respondent) िनधा"रती की ओर से/Appellant By : Shri Kalpesh Doshi, Ld. Ar राज" की ओर से/Respondent By : Shri Shishir Kumar, Ld. Sr. Dr सुनवाई की तारीख/Date Of Hearing : 27/07/2026 घोषणा की तारीख/Date Of Pronouncement : 09/10/2026 :: आदेश/Order :: Per, Dr. Arjun Lal Saini, Am: Captioned Two Appeals Filed By The Assessee, Pertaining To Assessment Years (Ay) 2019-20 & 2020-21, Are Directed Against The Separate Orders Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 24.09.2025 By The National Faceless Appeal Centre (Nfac), Delhi/ Commissioner Of Income Tax (Appeals) [In Short ‘Ld.Cit(A)’] Which In Turn Arise Out Of Separate Assessment Orders Passed By The Assessing Officer U/S 147 Of The Act.

For Appellant: Shri Kalpesh Doshi, Ld. ARFor Respondent: Shri Shishir Kumar, Ld. Sr. DR
Section 115BSection 143(2)Section 144B(8)Section 147Section 148BSection 151Section 234BSection 250Section 271ASection 69A

Shri Dineshkumar Chhaganlal Manavadaria, Junagadh vs. Income Tax Officer, Ward - 1, Junagadh

In the result, both appeals (ITA No

ITA 836/RJT/2025[2019-20]Status: DisposedITAT Rajkot09 Oct 2026AY 2019-20

Bench: Dr. Arjun Lal Sainiआयकर अपील सं./Ita No. 836 & 837/Rjt/2025 [ िनधा"रण वष" /Assessment Year: 2019-20 & 2020-21 ] Dineshkumar Chhaganlal Manavadaria, Ito Ward 1, Junagadh, Nandanvan Patel Chowk, Junagadh, बनाम/ Dargahvali Sheri Manavadar Gujarat 362001 Vs. Junagadh, Gujarat-362630 "ायीलेखासं./जीआइआरसं./Pan/Gir No.:Acbpm4826B (Appellant) (Respondent) िनधा"रती की ओर से/Appellant By : Shri Kalpesh Doshi, Ld. Ar राज" की ओर से/Respondent By : Shri Shishir Kumar, Ld. Sr. Dr सुनवाई की तारीख/Date Of Hearing : 27/07/2026 घोषणा की तारीख/Date Of Pronouncement : 09/10/2026 :: आदेश/Order :: Per, Dr. Arjun Lal Saini, Am: Captioned Two Appeals Filed By The Assessee, Pertaining To Assessment Years (Ay) 2019-20 & 2020-21, Are Directed Against The Separate Orders Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 24.09.2025 By The National Faceless Appeal Centre (Nfac), Delhi/ Commissioner Of Income Tax (Appeals) [In Short ‘Ld.Cit(A)’] Which In Turn Arise Out Of Separate Assessment Orders Passed By The Assessing Officer U/S 147 Of The Act.

For Appellant: Shri Kalpesh Doshi, Ld. ARFor Respondent: Shri Shishir Kumar, Ld. Sr. DR
Section 115BSection 143(2)Section 144B(8)Section 147Section 148BSection 151Section 234BSection 250Section 271ASection 69A

Chandresh Vishanji Pandit, Rajkot vs. DCIT/ACIT-2(1), Rajkot

In the result, appeal of the assessee is allowed

ITA 851/RJT/2026[2020-21]Status: DisposedITAT Rajkot07 Oct 2026AY 2020-21

Bench: Dr. Arjun Lal Sainiआयकर अपील सं./Ita No.851/Rjt/2026 [ "नधा"रण वष"/Assessment Year : 2020-21 ] Chandresh Vishanji Pandit, Dcit/Acit-2(1), Rajkot, Block No.B22, Shagun Residency, Vs. Aaykar Bhavan, Rajkot, Satya Sai Hospital Road, Nana Gujarat-360001 Mava, Rajkot, Gujarat-360005 "थायी लेखा सं./जी आइ आर सं./Pan/Gir No.: Acypp0401C (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Digant Kiyada, Ld. Ar Respondent By : Shri Shishir Kumar, Ld. Sr. Dr Date Of Hearing : 27/07/2026 Date Of Pronouncement : 07/10/2026 :: Order :: Per, Dr. Arjun Lal Saini, Am: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2020- 21, Is Directed Against The Order Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) By Commissioner Of Income-Tax (Appeals), Dated 27.05.2026, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 147 Of The Act, On 18.03.2025. 2. The Grounds Of Appeal Raised By The Assessee Are As Follows: 1. The Ld. Cit(A) Erred On Facts As Also In Law In The Dismissing Of Ground Of Appeal Relating To Initiation Of Action U/S 148 Of The Act. 2. The Ld. Cit(A) Erred On Facts As Also In Law In Confirming The Addition Of Rs.15,00,000/- Made By Alleging That Appellant Had Paid On Money Through Cash Of Rs.15,00,000/- For Purchase Of Property In The Project R K Empire. The Addition U/S 69 Of The Act May Kindly Be Deleted.

For Appellant: Shri Digant Kiyada, Ld. ARFor Respondent: Shri Shishir Kumar, Ld. Sr. DR
Section 115BSection 132Section 142(1)Section 147Section 148Section 250Section 69

Delight Hydraulic Industries, Rajkot vs. ITO WD 3(1)(1), RKT/, Rajkot

In the result, appeals filed by the assessee, in ITA No

ITA 316/RJT/2025[2015-16]Status: DisposedITAT Rajkot05 Oct 2026AY 2015-16

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकर अपील सं./Ita No. 314, 315 & 316/Rjt/2026 [ "नधा"रणवष"/Assessment Year: 2013-14, 2014-15 & 2015-16 ] Delight Hydraulic Industries, Ito Wd 3(1)(1), Rkt, 150 Feet Ring Road Opp. Punit It-Office, New Aayakar Vs. Nagar Water Tank, Survey No. 43 Bhawan, Vatiaka, Rajkot, Vavdi, Rajkot, Gujarat-360004 Rajkot, Gujarat-360001 "थायी लेखा सं./जी आइ आर सं./Pan/Gir No.: Aaffd1042G (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Fenil H. Mehta, Ld. Ar Respondent By : Shri Sanjay Kumar, Ld. Cit(Dr) & Ganesh Iyer, Ld. Sr. Dr Date Of Hearing : 08/07/2026 05/10/2026 Date Of Pronouncement : Order Per, Dr. Arjun Lal Saini, Am: Captioned Three Appeals Filed By The Same Assessee, Pertaining To Assessment Year (Ay) 2013-14, 2014-15 & 2015-16, Are Directed Against The Separate Orders Passed By The Commissioner Of Income-Tax (Appeals), Which In Turn Arise Out Of Separate Assessment Order Passed By The Assessing Officer U/S 147 R.W.S.144 Of The Act. 2. Since, The Issues Involved In All The Appeals Are Common & Identical; Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. For The Sake Of Convenience, The Grounds As Well As The Facts Narrated In Ita No.315/Rjt/2025, For Assessment Year 2014-15, Have Been Taken Into Consideration For Deciding The Above Appeals En Masse.

For Appellant: Shri Fenil H. Mehta, Ld. ARFor Respondent: Shri Sanjay Kumar, Ld. CIT(DR) and Ganesh Iyer, Ld. Sr. DR
Section 139(4)Section 142(1)Section 143(2)Section 147Section 148Section 153CSection 69A