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

Assistant Commissioner of Income-Tax, Central Circle -2, Nashik vs. M/S. Vijay Construction, Nashik

In the result, the appeal filed by the Revenue stands partly allowed for statistical purposes

ITA 994/PUN/2018[2009-10]Status: DisposedITAT Pune08 Dec 2021AY 2009-10

Bench: Shri Inturi Rama Rao, Am & Shri S. S. Viswanethra Ravi, Jm आयकर अपील सं. / Ita No.994/Pun/2018 िनधा"रण वष" / Assessment Year : 2009-10 Acit, Central Circle-2, .......अपीलाथ" / Appellant Nashik. बनाम / V/S. M/S. Vijay Construction, Flat No.10, Shivasagar Society, Thatte Nagar, Nashik-422005. ……""यथ" / Respondent Pan : Aagfv5234M Revenue By : Shri S. P. Walimbe Assessee By : Shri Pramod S. Shingte सुनवाई क" तारीख / Date Of Hearing : 07.12.2021 घोषणा क" तारीख / Date Of Pronouncement : 08.12.2021 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Revenue Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)- 12, Pune (‘Cit(A)’ For Short) Dated 28.02.2018 For The Assessment Year 2009-10 Deleting Levy Of Penalty U/S 271D Of The Income Tax Act, 1961 (‘The Act’). 2. The Brief Facts Of The Case Are As Under :- The Appellant Is A Partnership Firm. The Return Of Income For The Assessment Year 2009-10 Was Filed On 29.09.2009 Declaring Total Income Of Rs.5,69,048/-. The Survey Operations U/S 133A Were Conducted In The Business Premises Of The Appellant On 04.10.2010 Consequent To The Search Action U/S 132 In The Case Of M/S. Anant Technocrats Pvt. Ltd..

For Appellant: Shri Pramod S. ShingteFor Respondent: Shri S. P. Walimbe
Section 132Section 133ASection 143(3)Section 263Section 269SSection 271D