Section 253(3) of the Income Tax Act

Income-tax Act, 2025: s.362

Section 253(3) falls under section 253 of the Income-tax Act, 1961, which corresponds to section 362 (Appeals to Appellate Tribunal) of the Income-tax Act, 2025.

Read section 362 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 253(3) is PCIT v. IL&FS Energy Development Company Ltd. (84 Taxmann.com 186), cited in 255 of the 455 judgments on BharatTax that turn on this section.

Leading authorities on Section 253(3)

PCIT v. IL&FS Energy Development Company Ltd.
84 Taxmann.com 186 · 2017 · High Court
255
citing judgments

Disallowance under Section 14A of the Income-tax Act, 1961 is not permissible where the assessee has not earned any exempt income during the relevant assessment year. A CBDT Circular cannot override the express provisions of Section 14A read with Rule 8D to mandate such a disallowance.

CIT v. Holcim India Pvt. Ltd.
272 CTR 282 · 2014 · High Court
128
citing judgments

No disallowance under Section 14A can be made when no exempt income has been earned by the assessee, and investments made for business purposes in subsidiaries do not warrant disallowance under Section 14A, even if no dividend income is earned.

CIT v. Sitex Industries Ltd.
82 Taxmann.com 171 · 2017 · High Court
117
citing judgments

No disallowance for investments made out of surplus funds can be made if tax-free dividends are earned on such investments.

PCIT v. Sintex Industries Limited
93 Taxmann.com 24 · 2018 · Supreme Court
89
citing judgments

When an assessee has sufficient own or surplus non-interest-bearing funds to cover investments yielding exempt income, no disallowance of expenditure under Section 14A is warranted, and Rule 8D for estimating such expenditure does not apply.

Azadi Bachao Andolan v. Union of India
252 ITR 471 · 2001 · High Court
57
citing judgments

A penalty under sections like 271D or 271E is not automatically imposed if the assessee proves there was a reasonable cause for the failure. The interpretation of 'reasonable cause' is that which would prevent a person of average intelligence and ordinary prudence from acting negligently or in bad faith.

CIT v. UTI Bank Ltd.
142 Taxmann.com 136 · 2022 · Supreme Court
55
citing judgments

When an assessee has mixed funds, investments yielding tax-free income are presumed to be made from interest-free funds, thereby preventing disallowance of interest expenditure under Section 14A.

Pr. CIT v. Avantha Realty Ltd.
164 Taxmann.com 376 · 2024 · High Court
35
citing judgments

Amendments made to Section 14A by the Finance Act, 2022, inserting a non-obstante clause and an explanation, are prospective from April 1, 2022, and cannot be applied retrospectively. Further, where no exempt income is earned, Section 14A read with Rule 8D cannot be applied.

CIT v. Shivam Motors
272 CTR 277 · 2014 · High Court
32
citing judgments

Disallowance under Section 14A cannot be made if the assessee has not earned any exempt income during the relevant assessment year.

448 ITR 674 (Delhi and Pr.CIT v. Oil Industry Development Board
103 Taxmann.com 325 · 2019 · High Court
25
citing judgments

Disallowance under section 14A of the Income-tax Act is not permissible if the assessee has not earned any exempt income in the relevant assessment year. This position is affirmed by the dismissal of a Special Leave Petition by the Supreme Court.

289 (Delhi), Williamson Financial Services Ltd. v. CIT
166 Taxmann.com 607 · 2024 · Reported
25
citing judgments

The explanation inserted to Section 14A of the Income Tax Act, 1961, by the Finance Act, 2022, is prospective in nature and not retrospective.

Judgments on Section 253(3)

Deepak Arunbhai Raithatha, Rajkot vs. ITO Ward 1(1)(1), Rajkot

The appeal of the assessee is treated as allowed

ITA 511/RJT/2026[2013-14]Status: DisposedITAT Rajkot11 Sept 2026AY 2013-14

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकर अपील सं./Ita No. 511/Rjt/2026 [ "नधा"रण वष"/Assessment Year: 2013-14 ] Deepak Arunbhai Raithatha Ito Ward 1(1)(1), Rajkot Deep Jay Saurashtra Kala Deep Jay Saurashtra Kala Vs. Kendra-3 Behind Reva Flats Kendra - 3 Behind Reva Flats Rajkot 360005, Gujarat Rajkot-360005., Rajkot Gujarat 360005 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Agwpr8470K (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Fenil H. Mehta, Ld. Ar Respondent By : Shri Ravinder Sindhu, Ld. Cit (Dr) Date Of Hearing : 01/07/2026 11/09/2026 Date Of Pronouncement : :: Order :: Per,Dr. Arjun Lal Saini, Am: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2013-14, Is Directed Against The Order Under Section 250 Of The Income- Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By The National Faceless Appeal Centre (Nac) Delhi/Commissioner Of Income-Tax (Appeals) [In Short ‘Nfac/Ld.Cit(A)’], Dated 16.05.2024, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 147 R.W.S. 144 Of The Act, Dated 19.05.2023. 2. When The Matter Was Called For Hearing, The Ld. Counsel For The Assessee At The Outset Submitted That The Appeal Has Been Filed By The Assessee Belatedly

For Appellant: Shri Fenil H. Mehta, Ld. ARFor Respondent: Shri Ravinder Sindhu, Ld. CIT (DR)
Section 147Section 250Section 253(3)

Mukeshkumar Pravinchandra Juthani, Rajkot vs. The ITO WD-2, Junagadh

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 46/RJT/2026[2015-16]Status: DisposedITAT Rajkot28 Aug 2026AY 2015-16

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 46/Rjt/2026 ("नधा"रणवष"/Assessment Year: (2015-16) Mukeshkumar Pravinchandra The Cit, (Appeal) Juthani Nfac, Delhi Vs. “Om Shri Padamlaya”, Nr. The I.T.O. Ward – 2 Trikamrayji Haweli 16 – Jagnath Junagadh Gujrat Plot, Dr. Yagnik Road, Opp. Imperial Hotel, Rajkot Gujrat - 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abmpj0103A (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Ms. Leena Tejura, Ld. Ar Respondent By : Shri Ganesh Iyer, Ld. Sr. Dr Date Of Hearing : 03/08/2026 Date Of Pronouncement : 28/08/2026 Order Per,Dr. Arjun Lal Saini, Am: Captioned Appeal Filed By The Revenue, Pertaining To Assessment Year (Ay) 2015-16, Is Directed Against The Order Under Section 250 Of The Income- Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By The National Faceless Appeal Centre (Nac) Delhi/Commissioner Of Income-Tax (Appeals) [In Short ‘Nfac/Ld.Cit(A)’], Dated 25.01.2024, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 144 Of The Act, Dated 06.12.2017. Mukeshkumar Pravinchandra Juthani

For Appellant: Ms. Leena Tejura, Ld. ARFor Respondent: Shri Ganesh Iyer, Ld. Sr. DR
Section 144Section 250Section 253(3)