Section 155 of the Income Tax Act

Income-tax Act, 2025: s.288

Section 155 of the Income-tax Act, 1961 corresponds to section 288 (Other amendments) of the Income-tax Act, 2025.

Read section 288 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 155 is CIT v. Karnataka Urban Infrastructure Development and Finance Corporation (284 ITR 582), cited in 73 of the 96 judgments on BharatTax that turn on this section.

Leading authorities on Section 155

CIT v. Karnataka Urban Infrastructure Development and Finance Corporation
284 ITR 582 · 2006 · High Court
73
citing judgments

Funds received by an entity acting as a nodal agency or agent of the government for implementing specific government schemes, or income generated from such funds (like lease premiums or interest), are not taxable in the hands of the agency if held on behalf of or remitted to the government.

M Chockalingam & M. Meyyappan v. CIT
48 ITR 34 · 1963 · Supreme Court
27
citing judgments

Natural justice, including the right to a reasonable opportunity of being heard, must be afforded to the assessee, especially when a rectification order enhances the assessment.

2 (Telegana HC) (iii) Arun Kumar Bose v. ITO
151 Taxmann.com 412 · 2023 · Reported
18
citing judgments

Tribunal decisions for a particular assessment year must be followed based on the principle of consistency, even if the assessee is litigating the same issue before the High Court.

CIT v. Hon’ble Kerala High Court
236 ITR 416 · 1999 · High Court
17
citing judgments

The actual cost of an asset for depreciation purposes is the cost to the assessee, reduced by any portion of that cost met by another person. Revaluation of assets motivated by inflating depreciation claims, rather than genuine business needs, is not permissible.

CIT v. HEG
294 ITR 438 · 2007 · High Court
13
citing judgments

An assessee is entitled to interest under Section 244A(1)(b) when a refund arises on account of payment of self-assessment tax.

Sandvik Asia Limited v. Commissioner of Income Tax & Ors.
2 SCC 508 · 2006 · Reported
10
citing judgments

Interest is payable by the Revenue to the assessee if the aggregate of installments of Advance Tax or TDS paid exceeds the assessed tax. A later Supreme Court bench referred the question of whether interest is payable on excess advance tax or TDS paid to a larger bench, doubting the correctness of the Sandvik Asia Limited decision on this point.

Master Construction Co. (P) Ltd. v. State of Orissa
17 STC 360 · 1966 · Reported
9
citing judgments
Muthuraja v. CIT
369 ITR 483 · 2014 · High Court
9
citing judgments
CIT v. Needle Industries Private Limited
233 ITR 370 · 1998 · High Court
7
citing judgments
CIT v. Vijaya Bank
338 ITR 489 · 2011 · High Court
7
citing judgments

Judgments on Section 155

Wsg Venture Pvt. Ltd., Kanpur vs. Dct, Circle-2(1)(1), Kanpur

In the result, the appeal of the assessee is dismissed

ITA 211/LKW/2025[2022-23]Status: DisposedITAT Lucknow29 May 2025AY 2022-23

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2022-23 Wsg Venture Pvt. Ltd., Vs. The Dcit, 1-59, Mig, Word Bank Barra, Circle 2(1)(1), Kanpur Kanpur-208027 Pan:Aaccw7342L (Appellant) (Respondent) Assessee By: None Revenue By: Sh. Sunil Kumar Rajwanshi, Addl. Cit Dr Date Of Hearing: 21.05.2025 Date Of Pronouncement: 29.05.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal By The Assessee Against The Order Of The Ld. Pcit-1, Kanpur Passed Under Section 119 Of The Income Tax Act, 1961 On 5.12.2024 Refusing To Condone The Delay In Filing The Income Tax Return For The Assessment Year 2022-23 With The Claimed Refund Of Rs. 10,000/-. The Grounds Of Appeal Are As Under:- “01. That Due To Mistake Of Counsel, The Itr For The Ay 2022-23 Could Not Be Filed Of The Assessee Company, Whereas The Certificate Of The Counsel Was Also Filed, But Ignore The Same & Rejected The Petition Moved U/S.119(2)(B) Of The Act, Which Action Of The Pr. Cit Is Contrary To Fact & Be Quashed. 02. That The Order Passed By The Pr. Cit U/S.119 Of The Income Tax Act Reject The Petition For Condonation Of Delay Moved U/S.119(2)(B) Of The Act Is Not Lawful, Bad In Law, Be Quashed. 03. That The Pr. Cit As Well As Cpc Has Erred On Facts & In Law In Arbitrarily Rejecting The Petition Of The Assessee Company To Rectify The Return Of Income, Which Should Ought To Have Done. A.Y. 2022-23 Wsg Venture Pvt. Ltd. 04. That The Order Passed By The Pr. Cit U/S 119 Dated 05.12.2024 Is Erroneous, Misconceived, Contrary To Facts, Bad In Law & Be Modified.”

For Appellant: NoneFor Respondent: Sh. Sunil Kumar Rajwanshi, Addl. CIT DR
Section 10Section 115VSection 119Section 119(2)(b)Section 12ASection 132Section 143Section 144BSection 147Section 153A
Section 155 Income Tax Act (2025: s.288) — Case Laws | BharatTax