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

Ahv Infracon Pvt. Ltd, Uttar Pradesh vs. DCIT, Central Circle -1, Gurgaon

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 4317/DEL/2025[2013-14]Status: DisposedITAT Delhi28 Nov 2025AY 2013-14

Bench: Shri Mahavir Singh & Shri Manish Agarwalahv Infracon Pvt. Ltd. Dcit, 22, West Pant Vihar, Central Circle-1, Saharanpur-247001, Vs. Gurgaon. Uttar Pradesh. Pan-Aakca9871C (Appellant) (Respondent) Assessee By Shri Anil Kumar Jain, Adv. & Shri Naman Jain, Adv. Department By Shri Jitender Singh, Cit-Dr Date Of Hearing 25.11.2025 Date Of Pronouncement 28.11.2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-3, Gurugaon, [Cit(A), In Short] Dated 29.05.2025 In Appeal No. 10493/Cit(A)-3/Ggn/2012-13 Arising Out Of The Order Passed U/S 153C R.W.S. 144 Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’) Dated 16.01.2024 For Assessment Year 2013-14. 2. Heard The Parties & Perused The Material Available On Record. At The Outset, From The Perusal Of The Order Of Ld. Cit(A), It Is Seen That Ld. Cit(A) Has Provided Various Opportunities Of Hearing However, Assessee Did Not Submit Any Written Submission/Reply. In This Background That The Cit(A) Proceeded To Disposed-Off The Ahv Infracon Pvt. Ltd. Vs. Dcit Appeal Filed By The Assessee By Confirming The Additions Made By The Ao In The Assessment Orders. It Is True That Assessee Did Not Comply With The Notices Issued By The Cit(A) & Did Not File The Requisite Details/Documents In Support Of The Claim Made In Grounds Of Appeals.

Section 153C