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

ACIT, New Delhi vs. M/S. Srg Infrastructure Pvt. Ltd., New Delhi

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

ITA 3263/DEL/2015[2010-11]Status: DisposedITAT Delhi15 Jul 2019AY 2010-11

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastavaassessment Year: 2010-11 Acit, Vs Srg Infrastructure Pvt. Ltd., Central Circle-07, 8-A/3, Wea, Karol Bagh, Ara Centre, Jhandewalan Extn., New Delhi. New Delhi. Pan: Aajcs1335C (Appellant) (Respondent) Assessee By : Shri Rakesh Kumar Khiwani, Ca Revenue By : Mrs. Naina Soin Kapil, Sr. Dr Date Of Hearing : 01.07.2019 Date Of Pronouncement : 15.07.2019 Order Per R.K. Panda, Am: This Appeal Filed By The Revenue Is Directed Against The Order Dated 24Th March, 2015 Of The Cit(A)-24, New Delhi, Relating To Assessment Year 2010-11. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Private Limited Company. A Search & Seizure Operation U/S 132 Of The Income Tax Act Was Carried Out On M/S Satya Parkash & Brothers Group Of Cases On 28.10.2010 Headed By Sh. Satya Prakash Gupta. M/S S.R.G. Infrastructures P. Ltd. Is One Of The Associate Companies Of The Group. During Search On The Group, Certain Documents Relating To M/S S.R.G. Infrastructures P. Ltd. Were Found & Seized. The Assessing Officer Accordingly Issued Notice U/S 153C Of The Act On 8Th May, 2012 Requiring The Assessee To File Return Of Income Within 15 Days From The Service Of Notice U/S 153C Of The It Act, 1961. The Assessee, Vide Letter Dated 27.11.2012, Submitted That The Return Already Filed On 30Th March, 2012 Declaring Total Income Of Rs.8,270/- May Be Treated As Return Filed In Response To Notice U/S 153C Of The It Act. During The Course Of Assessment Proceedings, The Assessee Objected To The Notice Issued U/S 153C Terming The Same As Illegal. The Assessing Officer Disposed Of That Objection And, Thereafter, Proceeded To Complete The Assessment. Rejecting Various Explanations Given By The Assessee From Time To Time, The Assessing Officer Determined The Total Income Of The Assessee At Rs.1,43,23,550/-.

For Appellant: Shri Rakesh Kumar Khiwani, CAFor Respondent: Mrs. Naina Soin Kapil, Sr. DR
Section 132Section 153C