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Section 153A

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Section 153A & 153C of Income Tax Act: Analysis & Implications

Income Tax : Delve into the provisions of Income Tax Act Sections 153A & 153C, governing assessments after search or requisition. Learn from co...

February 8, 2024 5472 Views 0 comment Print

Uttarakhand HC Quashes FIR U/S 153A IPC: No Proof of Disharmony

Corporate Law : Explore recent Uttarakhand High Court judgment quashing an FIR under Section 153A IPC. Analysis reveals lack of evidence for disha...

December 30, 2023 366 Views 0 comment Print

Completed/Unabated Assessments – No Addition if no Incriminating Material Found During Search: SC

Income Tax : Core issue involved in the appeals is the scope of assessment u/s 153A. question posed for consideration is, as to whether in resp...

April 25, 2023 2886 Views 0 comment Print

Budget 2023 aligns timeline under section 153 of Income Tax Act

Income Tax : Budget 2023 aligns timeline under section 153 of Income Tax Act. Learn more about the 2016 Finance Acts reduced assessment order p...

February 5, 2023 15720 Views 0 comment Print

Some Important Facts Related To Assessment Under Section 153A of Income Tax Act, 1961

Income Tax : As you are aware that provisions of Section 153A of the Income Tax Act, 1961 deals with assessment of an assessee in searched case...

March 4, 2022 21306 Views 0 comment Print

Latest Judiciary

Delhi HC Invalidates Reassessment Notice, Upholds Section 149(1)(b) Time Limits

Income Tax : Delhi High Court rules that reassessment actions post-2021 searches must meet the First Proviso to Section 149(1) of the Income Ta...

June 14, 2024 858 Views 0 comment Print

Section 153C Assessments Beyond 10 Years Block Period Invalid: Delhi HC

Income Tax : Delhi High Court rules Section 153C assessments beyond the 10-year limit unsustainable, quashing notices for AY 2013-14. Key judgm...

June 13, 2024 225 Views 0 comment Print

No Assessment Order could be Passed in name of Non-Existent Entity after an intimation was given to AO

Income Tax : ITAT Mumbai invalidates income tax assessment for a merged entity, emphasizing the legal principle against actions on non-existent...

June 12, 2024 1275 Views 0 comment Print

ITAT Upheld Addition for Failure to Prove Agriculture Income Genuinity

Income Tax : Read the detailed analysis of the ITAT Chennai order in the case of D. Ramagopal Vs ACIT, where addition was upheld due to failure...

June 7, 2024 516 Views 0 comment Print

Date of Satisfaction Recording for Searched Person is deemed Date of Search for Non-Searched Person

Income Tax : ITAT held that date of recording of satisfaction in the case of searched person qua non-searched person becomes date of search in ...

June 7, 2024 246 Views 0 comment Print

Latest Notifications

Selection of Case of Search Years in ITBA Assessment module

Income Tax : Availability of Miscellaneous Functionalities related to ‘Selection of Case of Search Year’ and ‘Relevant Search...

September 12, 2019 2079 Views 0 comment Print

Order u/s 143(3) r.w.s.153A Void if AO erred in assuming jurisdiction u/s 153A

January 14, 2017 7345 Views 0 comment Print

AO’s assumption of jurisdiction under section 153A of Income Tax Act,1961 and consequent passing of order of assessment u/s. 143(3) r.w.s. 153A is void if Assessing Officer erred in assuming jurisdiction u/s 153A

Search Assessment in absence of incriminating material not valid

July 15, 2016 21118 Views 0 comment Print

Undisputedly the AO has not made assessment on the basis of incriminating material unearthed during search and seizure operation conducted u/s 132 rather proceeded u/s 153A of the Act on the basis of some pre-search enquiries to make an addition

Scope of assessment U/s.153A in absence of incriminating material

July 14, 2016 22414 Views 0 comment Print

Under section 153A of the Act, an assessment has to be made in relation to the search or requisition, namely, in relation to material disclosed during the search or requisition. If in relation to any assessment year, no incriminating material is found, no addition or disallowance can be made

S. 153A Additions not based on incriminating material are invalid

June 20, 2016 1894 Views 0 comment Print

The ITAT Delhi bench in the above cited case held that in case of completed assessment if notice u/s 153A is issued then addition can be made only on the basis of incriminating material found during the course of search.

Sec.153A Addition without incriminating material w.r.t. completed assessments not valid

April 22, 2016 1876 Views 0 comment Print

It is held that Completed assessments can be interfered with by the AO while making the assessment under Section 153 A only on the basis of some incriminating material unearthed during the course of search or requisition of documents or undisclosed income or property discovered in the course of search which were not produced or not already disclosed or made known in the course of original assessment.

Rationalisation of time limit for assessment in search cases

March 2, 2016 8788 Views 1 comment Print

It is proposed to amend the time limit for completion of assessments made under section 153A or section 153C cases to bring it in sync with the new time limits provided for other cases. In order to simplify the provisions of existing section 1 53B by retaining only those provisions that are relevant to the current provisions of the Act, section 153B

S. 153A Assessment in absence of incriminating docs not valid

February 17, 2016 1198 Views 0 comment Print

Ideal Appliances Co. Pvt. Ltd vs. DCIT (ITAT Mumbai) Although Section 153A does not say that additions should be strictly made on the basis of evidence found in the course of the search, or other post-search material or information available with the AO which can be related to the evidence found

Addition u/s 153A for completed assessments not valid if no incriminating material found during search

February 11, 2016 1327 Views 0 comment Print

ITAT Mumbai held In the case of M/s. Ideal Appliances Co. Pvt. Ltd. vs. DCIT that it is settled legal position that no addition can be made to the income already assessed since no incriminating material was unearthed during the search.

Assessee not entitled to claim any fresh deduction for completed assessments in return filed u/s 153A

December 11, 2015 1263 Views 0 comment Print

ITAT Pune held In the case of M/s. D.J. Malpani vs. ACIT that in respect of the assessments which are completed prior to the date of search, no fresh claim of deduction can be made by the assessee. Therefore in the given case, assessee is not entitled to make a fresh claim in the return filed u/s.153A

Assessment u/s 153A required to be framed within 21 months as time stipulated u/s 153B

December 3, 2015 1167 Views 0 comment Print

JCIT Vs. Surya Vinayak Industries Ltd. (ITAT Delhi) In the above group cases search was conducted and assessments were framed u/s 153A/143 (3). The search was conducted on 21.03.2007 and concluded on 22.03.2007. Hence last of the authorisation of search u/s 132 was executed on 22.03.2007.

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