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

Dy. Commissioner of Income Tax, Central Circle, Meerut, Income Tax Office vs. Umalok Charitable Trust, Meerut

In the result, impugned order is upheld and appeal of the Revenue is dismissed

ITA 1644/DEL/2024[2011-12]Status: DisposedITAT Delhi22 Oct 2025AY 2011-12

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishraआअसं.1644/िद"ी/2024(िन.व. 2011-12) Deputy Commissioner Of Income Tax, Central Circle, Aayakar Bhawan, Near Bhainsali Ground, ...... अपीलाथ"/Appellant Meerut, Uttar Pradesh 250001 बनाम Vs. Umalok Charitable Trust, C-111, Samart Place, Garh Road, Meerut, ..... "ितवादी/Respondent Uttar Pradesh 250004 Pan: Aaatu-1532-F अपीलाथ" "ारा/Appellant By : Shri Dayainder Singh Sidhu, Cit(Dr) "ितवादी"ारा/Respondent By : Shri Kalrav Mehrotra, Advocate सुनवाई क" ितिथ/ Date Of Hearing : 24/07/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 24/07/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-3, Noida [In Short ‘The Cit(A)’] Dated 14.02.2024, For Assessment Year 2011-12. 2. The Revenue In Appeal Has Primarily Assailed The Order Of Cit(A) On Two Counts:- (I) Deleting The Addition Of Rs.2,11,00,000/- Made On Account Of Unexplained Advances; & (Ii) Deleting The Disallowance Of Exemption Claimed By The Assessee U/S.10(23C)Of The Act Rs.84,22,244/-.

For Appellant: Shri Dayainder Singh Sidhu, CIT(DR)For Respondent: Shri Kalrav Mehrotra, Advocate
Section 10Section 10(23)(c)Section 12ASection 153C