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

Bipinbhai Maganbhai Virani, Bhavnagar vs. The Income Tax Officer Ward 1(10), Bhavnagar

The appeals of the assessee are allowed on this legal ground

ITA 505/AHD/2026[2017-18]Status: DisposedITAT Ahmedabad05 Aug 2026AY 2017-18

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं /Ita Nos.501 To 505/Ahd/2026 िनधा"रण वष" /Assessment Years : 2013-14 To 2017-18 Bipinbhai Maganbhai Virani, Ito Gaushala Shopping Centre, Dasha बनाम/ Ward-1(10), V/S. Junction, Tal: Gadhada, Dist: Botad, Bhavnagar Bhavnagar-364740 "थायी लेखा सं./Pan: Abwpv0623P (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri Akshay M Modi, Ar Revenue By : Shri Rajneesh Yadav, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 29/07/2026 घोषणा की तारीख /Date Of Pronouncement: 05/08/2026 आदेश/O R D E R Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals), [Hereinafter Referred To As ‘Ld. Cit(A)’] National Faceless Appeal Centre (In Short “Nfac”), Delhi Passed U/S. 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Years (Ays) 2013-14 To 2017-18 Respectively. 2. There Is A Delay In Filing The Present Appeals Ranging From 25 Days To 390 Days. Separate Applications For Condonation Of Delay Have Been Filed, Wherein, Negligence On The Part Of The Consultant Of The Assessee Has Been Alleged. Though, The Reasons Cited In The Said Applications Are Somewhat, General & Vague, However, Considering The Peculiar Facts & Circumstances Of The Case & In The Interests Of Justice, The Delay In Filing The Appeal Is Hereby Condoned.

For Appellant: Shri Akshay M Modi, ARFor Respondent: Shri Rajneesh Yadav, CIT-DR
Section 132Section 147Section 148Section 153ASection 153CSection 250

Bipinbhai Maganbhai Virani, Bhavnagar vs. The Income Tax Officer, Ward 1(10), Bhavnagar

The appeals of the assessee are allowed on this legal ground

ITA 504/AHD/2026[2016-17]Status: DisposedITAT Ahmedabad05 Aug 2026AY 2016-17

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं /Ita Nos.501 To 505/Ahd/2026 िनधा"रण वष" /Assessment Years : 2013-14 To 2017-18 Bipinbhai Maganbhai Virani, Ito Gaushala Shopping Centre, Dasha बनाम/ Ward-1(10), V/S. Junction, Tal: Gadhada, Dist: Botad, Bhavnagar Bhavnagar-364740 "थायी लेखा सं./Pan: Abwpv0623P (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri Akshay M Modi, Ar Revenue By : Shri Rajneesh Yadav, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 29/07/2026 घोषणा की तारीख /Date Of Pronouncement: 05/08/2026 आदेश/O R D E R Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals), [Hereinafter Referred To As ‘Ld. Cit(A)’] National Faceless Appeal Centre (In Short “Nfac”), Delhi Passed U/S. 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Years (Ays) 2013-14 To 2017-18 Respectively. 2. There Is A Delay In Filing The Present Appeals Ranging From 25 Days To 390 Days. Separate Applications For Condonation Of Delay Have Been Filed, Wherein, Negligence On The Part Of The Consultant Of The Assessee Has Been Alleged. Though, The Reasons Cited In The Said Applications Are Somewhat, General & Vague, However, Considering The Peculiar Facts & Circumstances Of The Case & In The Interests Of Justice, The Delay In Filing The Appeal Is Hereby Condoned.

For Appellant: Shri Akshay M Modi, ARFor Respondent: Shri Rajneesh Yadav, CIT-DR
Section 132Section 147Section 148Section 153ASection 153CSection 250

Bipinbhai Maganbhai Virani, Bhavnagar vs. The Income Tax Officer Ward 1(10), Bhavnagar

The appeals of the assessee are allowed on this legal ground

ITA 503/AHD/2026[2015-16]Status: DisposedITAT Ahmedabad05 Aug 2026AY 2015-16

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं /Ita Nos.501 To 505/Ahd/2026 िनधा"रण वष" /Assessment Years : 2013-14 To 2017-18 Bipinbhai Maganbhai Virani, Ito Gaushala Shopping Centre, Dasha बनाम/ Ward-1(10), V/S. Junction, Tal: Gadhada, Dist: Botad, Bhavnagar Bhavnagar-364740 "थायी लेखा सं./Pan: Abwpv0623P (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri Akshay M Modi, Ar Revenue By : Shri Rajneesh Yadav, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 29/07/2026 घोषणा की तारीख /Date Of Pronouncement: 05/08/2026 आदेश/O R D E R Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals), [Hereinafter Referred To As ‘Ld. Cit(A)’] National Faceless Appeal Centre (In Short “Nfac”), Delhi Passed U/S. 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Years (Ays) 2013-14 To 2017-18 Respectively. 2. There Is A Delay In Filing The Present Appeals Ranging From 25 Days To 390 Days. Separate Applications For Condonation Of Delay Have Been Filed, Wherein, Negligence On The Part Of The Consultant Of The Assessee Has Been Alleged. Though, The Reasons Cited In The Said Applications Are Somewhat, General & Vague, However, Considering The Peculiar Facts & Circumstances Of The Case & In The Interests Of Justice, The Delay In Filing The Appeal Is Hereby Condoned.

For Appellant: Shri Akshay M Modi, ARFor Respondent: Shri Rajneesh Yadav, CIT-DR
Section 132Section 147Section 148Section 153ASection 153CSection 250

Bipinbhai Maganbhai Virani, Bhavnagar vs. The Income Tax Officer Ward 1(10), Bhavnagar

The appeals of the assessee are allowed on this legal ground

ITA 502/AHD/2026[2014-15]Status: DisposedITAT Ahmedabad05 Aug 2026AY 2014-15

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं /Ita Nos.501 To 505/Ahd/2026 िनधा"रण वष" /Assessment Years : 2013-14 To 2017-18 Bipinbhai Maganbhai Virani, Ito Gaushala Shopping Centre, Dasha बनाम/ Ward-1(10), V/S. Junction, Tal: Gadhada, Dist: Botad, Bhavnagar Bhavnagar-364740 "थायी लेखा सं./Pan: Abwpv0623P (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri Akshay M Modi, Ar Revenue By : Shri Rajneesh Yadav, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 29/07/2026 घोषणा की तारीख /Date Of Pronouncement: 05/08/2026 आदेश/O R D E R Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals), [Hereinafter Referred To As ‘Ld. Cit(A)’] National Faceless Appeal Centre (In Short “Nfac”), Delhi Passed U/S. 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Years (Ays) 2013-14 To 2017-18 Respectively. 2. There Is A Delay In Filing The Present Appeals Ranging From 25 Days To 390 Days. Separate Applications For Condonation Of Delay Have Been Filed, Wherein, Negligence On The Part Of The Consultant Of The Assessee Has Been Alleged. Though, The Reasons Cited In The Said Applications Are Somewhat, General & Vague, However, Considering The Peculiar Facts & Circumstances Of The Case & In The Interests Of Justice, The Delay In Filing The Appeal Is Hereby Condoned.

For Appellant: Shri Akshay M Modi, ARFor Respondent: Shri Rajneesh Yadav, CIT-DR
Section 132Section 147Section 148Section 153ASection 153CSection 250

Bipinbhai Maganbhai Virani, Bhavnagar vs. The Income Tax Officer Ward 1(10), Bhavnagar

The appeals of the assessee are allowed on this legal ground

ITA 501/AHD/2026[2013-14]Status: DisposedITAT Ahmedabad05 Aug 2026AY 2013-14

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं /Ita Nos.501 To 505/Ahd/2026 िनधा"रण वष" /Assessment Years : 2013-14 To 2017-18 Bipinbhai Maganbhai Virani, Ito Gaushala Shopping Centre, Dasha बनाम/ Ward-1(10), V/S. Junction, Tal: Gadhada, Dist: Botad, Bhavnagar Bhavnagar-364740 "थायी लेखा सं./Pan: Abwpv0623P (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri Akshay M Modi, Ar Revenue By : Shri Rajneesh Yadav, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 29/07/2026 घोषणा की तारीख /Date Of Pronouncement: 05/08/2026 आदेश/O R D E R Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals), [Hereinafter Referred To As ‘Ld. Cit(A)’] National Faceless Appeal Centre (In Short “Nfac”), Delhi Passed U/S. 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Years (Ays) 2013-14 To 2017-18 Respectively. 2. There Is A Delay In Filing The Present Appeals Ranging From 25 Days To 390 Days. Separate Applications For Condonation Of Delay Have Been Filed, Wherein, Negligence On The Part Of The Consultant Of The Assessee Has Been Alleged. Though, The Reasons Cited In The Said Applications Are Somewhat, General & Vague, However, Considering The Peculiar Facts & Circumstances Of The Case & In The Interests Of Justice, The Delay In Filing The Appeal Is Hereby Condoned.

For Appellant: Shri Akshay M Modi, ARFor Respondent: Shri Rajneesh Yadav, CIT-DR
Section 132Section 147Section 148Section 153ASection 153CSection 250

Sanchar Nest Sahakari Awas Samiti Limited, Uttar Pradesh vs. DCIT Central Circle, Ghaziabad

In the result, the appeal of the assessee are allowed on the ground of assumption of jurisdiction

ITA 1870/DEL/2026[2016-17]Status: DisposedITAT Delhi05 Aug 2026AY 2016-17

Bench: Shri Anubhav Sharma & Shri Sanjay Awasthiassessment Year: 2014-15 Sanchar Nest Sahakari Awas Samiti Vs. Dcit/Acit, Limited, Central Circle, Ito, 206-207, Ansal Satyam, Rdc, Raj Nagar, Cgo Complex-1, Hapur Ghaziabad, Uttar Pradesh 201001. Chungi, Ghaziabad, Uttar Pan No. Aagas0241Q Pradesh 201001. Appellant Respondent Assessment Year: 2015-16 Sanchar Nest Sahakari Awas Samiti Vs. Dcit/Acit, Limited, Central Circle, Ito, 206-207, Ansal Satyam, Rdc, Raj Nagar, Cgo Complex-1, Hapur Ghaziabad, Uttar Pradesh 201001. Chungi, Ghaziabad, Uttar Pan No. Aagas0241Q Pradesh 201001. Appellant Respondent & Assessment Year: 2016-17 Sanchar Nest Sahakari Awas Samiti Vs. Dcit/Acit, Limited, Central Circle, Ito, 206-207, Ansal Satyam, Rdc, Raj Nagar, Cgo Complex-1, Hapur Ghaziabad, Uttar Pradesh 201001. Chungi, Ghaziabad, Uttar Pan No. Aagas0241Q Pradesh 201001. Appellant Respondent Assessee By Shri Akhilesh Kumar, Ar & Shri Govind Agarwal, Adv. Revenue By Shri Jitender Singh, Cit Dr Date Of Hearing: 16.07.2026 Pronouncement On 05.08.2026 Per Sanjay Awasthi: 1. This A Batch Of Three Appeals Pertaining To The Same Assessee For Ays 2014-15, 2015-16 & 2016-17. For The Sake Of Convenience, All These Three Appeals Are Being Disposed Of Through A Single Order.

Section 127Section 153A(1)Section 153CSection 153C(1)Section 153C(3)Section 250Section 68

Sanchar Nest Sahakari Awas Samiti Limited, Ghaziabad vs. DCIT /ACIT Central Circle, Ghaziabad

In the result, the appeal of the assessee are allowed on the ground of assumption of jurisdiction

ITA 1869/DEL/2026[2015-16]Status: DisposedITAT Delhi05 Aug 2026AY 2015-16

Bench: Shri Anubhav Sharma & Shri Sanjay Awasthiassessment Year: 2014-15 Sanchar Nest Sahakari Awas Samiti Vs. Dcit/Acit, Limited, Central Circle, Ito, 206-207, Ansal Satyam, Rdc, Raj Nagar, Cgo Complex-1, Hapur Ghaziabad, Uttar Pradesh 201001. Chungi, Ghaziabad, Uttar Pan No. Aagas0241Q Pradesh 201001. Appellant Respondent Assessment Year: 2015-16 Sanchar Nest Sahakari Awas Samiti Vs. Dcit/Acit, Limited, Central Circle, Ito, 206-207, Ansal Satyam, Rdc, Raj Nagar, Cgo Complex-1, Hapur Ghaziabad, Uttar Pradesh 201001. Chungi, Ghaziabad, Uttar Pan No. Aagas0241Q Pradesh 201001. Appellant Respondent & Assessment Year: 2016-17 Sanchar Nest Sahakari Awas Samiti Vs. Dcit/Acit, Limited, Central Circle, Ito, 206-207, Ansal Satyam, Rdc, Raj Nagar, Cgo Complex-1, Hapur Ghaziabad, Uttar Pradesh 201001. Chungi, Ghaziabad, Uttar Pan No. Aagas0241Q Pradesh 201001. Appellant Respondent Assessee By Shri Akhilesh Kumar, Ar & Shri Govind Agarwal, Adv. Revenue By Shri Jitender Singh, Cit Dr Date Of Hearing: 16.07.2026 Pronouncement On 05.08.2026 Per Sanjay Awasthi: 1. This A Batch Of Three Appeals Pertaining To The Same Assessee For Ays 2014-15, 2015-16 & 2016-17. For The Sake Of Convenience, All These Three Appeals Are Being Disposed Of Through A Single Order.

Section 127Section 153A(1)Section 153CSection 153C(1)Section 153C(3)Section 250Section 68

Sanchar Nest Sahakari Awas Samiti Limited, Ghaziabad vs. DCIT /ACIT Central Circle, Ghaziabad

In the result, the appeal of the assessee are allowed on the ground of assumption of jurisdiction

ITA 1868/DEL/2026[2014-15]Status: DisposedITAT Delhi05 Aug 2026AY 2014-15

Bench: Shri Anubhav Sharma & Shri Sanjay Awasthiassessment Year: 2014-15 Sanchar Nest Sahakari Awas Samiti Vs. Dcit/Acit, Limited, Central Circle, Ito, 206-207, Ansal Satyam, Rdc, Raj Nagar, Cgo Complex-1, Hapur Ghaziabad, Uttar Pradesh 201001. Chungi, Ghaziabad, Uttar Pan No. Aagas0241Q Pradesh 201001. Appellant Respondent Assessment Year: 2015-16 Sanchar Nest Sahakari Awas Samiti Vs. Dcit/Acit, Limited, Central Circle, Ito, 206-207, Ansal Satyam, Rdc, Raj Nagar, Cgo Complex-1, Hapur Ghaziabad, Uttar Pradesh 201001. Chungi, Ghaziabad, Uttar Pan No. Aagas0241Q Pradesh 201001. Appellant Respondent & Assessment Year: 2016-17 Sanchar Nest Sahakari Awas Samiti Vs. Dcit/Acit, Limited, Central Circle, Ito, 206-207, Ansal Satyam, Rdc, Raj Nagar, Cgo Complex-1, Hapur Ghaziabad, Uttar Pradesh 201001. Chungi, Ghaziabad, Uttar Pan No. Aagas0241Q Pradesh 201001. Appellant Respondent Assessee By Shri Akhilesh Kumar, Ar & Shri Govind Agarwal, Adv. Revenue By Shri Jitender Singh, Cit Dr Date Of Hearing: 16.07.2026 Pronouncement On 05.08.2026 Per Sanjay Awasthi: 1. This A Batch Of Three Appeals Pertaining To The Same Assessee For Ays 2014-15, 2015-16 & 2016-17. For The Sake Of Convenience, All These Three Appeals Are Being Disposed Of Through A Single Order.

Section 127Section 153A(1)Section 153CSection 153C(1)Section 153C(3)Section 250Section 68