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

Jaideep Halwasiya, Kolkata vs. PCIT (Central), Kolkata - 2, Kolkata

In the result, the appeal filed by the assessee is allowed

ITA 986/KOL/2025[2018-2019]Status: DisposedITAT Kolkata31 Jul 2025AY 2018-2019

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.986/Kol/2025 Assessment Year: 2018-19 Jaideep Halwasiya…...………..……..…………………....Appellant 3Rd Floor, P-34, India Exhange Place, Kol-1. [Pan: Aawph1706L] Vs. Pcit (Central), Kol-2….…………....…..………………….…..... Respondent Appearances By: Shri S. K. Tulsian, Advocate, Appeared On Behalf Of The Appellant. Shri P. N. Barnwal, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 30, 2025 Date Of Pronouncing The Order : July 31, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal Is Filed By The Assessee Against The Revisionary Order Passed By The Ld. Principal Commissioner Of Income Tax (Pcit), Kolkata, Under Section 263 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”), Dated 13.03.2025, For A.Y.2018-19, Revising The Assessment Order Passed Under Section 153C Read With Section 143(3) Of The Act Dated 30.03.2023. 2. Brief Facts Of The Case Are That In The Instant Case Originally Completed Under Section 153C R.W.S. 143(3) On 30.03.2023, Determining The Total Income Of The Assessee After Certain Additions. Subsequently, The Ld. Pcit Invoked His Revisionary Powers Under Section 263 & Passed An Order Dated 13.03.2025, Directing The Assessing Officer To Conduct Necessary Verification & Make A Fresh Assessment On Certain Issues, After Providing Due Opportunity Of Hearing To The Assessee. During The Course Of Revision Proceedings, The

Section 143(3)Section 153CSection 263