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Section 153C

Latest Articles


No Incriminating Evidence, No Addition: Delhi High Court’s Ruling

Income Tax : Delhi HC rules in PCIT Vs Pavitra Realcon Pvt. Ltd., ITA 579/2018, emphasizing the need for corroborative evidence in tax assessme...

July 17, 2024 726 Views 0 comment Print

Possession of Unearthed Material during search Necessary to Invoke Section 153C

Income Tax : Explore the intricacies of invoking Section 153C of the Income Tax Act, as clarified by the Delhi High Court, regarding the posses...

April 22, 2024 591 Views 0 comment Print

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 6573 Views 0 comment Print

Section 147 to 153 Income Escaping Assessment (Reopening of Cases)

Income Tax : Learn about Section 147 to 153 Income Escaping Assessment and Reopening of Cases Under Income Tax Act, 1961. Get guidance on the p...

December 10, 2023 19593 Views 7 comments Print

Major changes in ITR for FY 2023-24

CA, CS, CMA : Discover the major changes in ITR forms for FY 2023-24 (AY 2024-2025). Highlights include new sections for retirement benefit acco...

August 3, 2023 24177 Views 1 comment Print


Latest Judiciary


Unsigned Excel Sheet Insufficient for Section 153C Proceedings without Corroboration

Income Tax : Gujarat High Court dismisses Revenue’s appeal as unsigned excel sheet lacks corroboration in S. 153C Income Tax Act proceedings....

July 15, 2024 414 Views 0 comment Print

AO Cannot Reopen Assessments U/s. 153A Without Incriminating Evidence: Kerala HC

Income Tax : Read the Kerala High Court judgment on income tax assessments involving Sunny Jacob Jewellers. Analysis includes AO's authority un...

June 26, 2024 333 Views 0 comment Print

Income Tax Addition cannot Be based Solely on unsubstantiated Loose Slips

Income Tax : The ITAT Bangalore ruled that income tax additions can't be based solely on unsubstantiated loose slips, emphasizing the need for ...

June 25, 2024 603 Views 0 comment Print

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 1506 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 357 Views 0 comment Print


Latest Notifications


Government extends timelines for Income Tax Assessment (Read Notification)

Income Tax : Central Government has decided to extend the time limits to 30th June, 2021 in the following cases where the time limit was earlie...

April 27, 2021 68577 Views 4 comments Print

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 2094 Views 0 comment Print


No assessment under section 153C in absence of incriminating material: SC

May 8, 2023 5301 Views 0 comment Print

DCIT Vs U.K. Paints (Overseas) Ltd. (Supreme Court of India) As found by the High Court in none of the cases any incriminating material was found during the search either from the Assessee or from third party. In that view of the matter, as such, the assessments under Section 153-C of the Act are rightly […]

Cost of improvement & indexation cannot be claimed without evidence to prove construction

April 28, 2023 23901 Views 0 comment Print

Assessees could not claim cost of improvement and indexation cost as assessee had to furnish some evidence and in the absence of any evidence or information, the information contained in the registered sale deed was required to be accepted.

Address to deliver Income Tax notice in case of person in judicial custody

April 28, 2023 1635 Views 0 comment Print

PCIT Vs Narayan Kumar Khaitan (Orissa High Court) Case Law on Service of notice required through Superintendent of Jail if assessee is in judicial custody. A search and seizure operation under section 132 was conducted on SM and group wherein certain incriminating documents were found. Subsequently, assessment in case of assessee was completed under section […]

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

April 25, 2023 2979 Views 0 comment Print

Core issue involved in the appeals is the scope of assessment u/s 153A. question posed for consideration is, as to whether in respect of completed assessments/unabated assessments, whether the jurisdiction of AO to make assessment is confined to incriminating material found during the course of search u/s 132 or requisition u/s 132A or not,

Section 153C proceeding covers six A.Y. immediately preceding A.Y. in which search is conducted

April 25, 2023 1662 Views 0 comment Print

ITAT Delhi held that as per amendment to section 153C of the Income Tax Act the six assessment years immediately preceding the AY relevant to the previous year in which search is conducted or requisition is made will come into the purview of block assessment years.

No addition in case of search Assessment, if no incriminating material found during search: SC

April 25, 2023 13644 Views 0 comment Print

In respect of completed/unabated assessments, no addition can be made in absence of any incriminating material found during search: SC

Proceedings u/s 153C invocable only when AO proves that material seized from third party belongs to assessee

April 22, 2023 1914 Views 0 comment Print

ITAT Ahmedabad held that invocation of proceedings u/s 153C of the Income Tax Act unsustainable as AO has not put on record that material seized during the course of third party search belongs to the assessee.

Section 153C Notice invalid if not grants Opportunity to Assessee for filing Objection

April 22, 2023 1368 Views 0 comment Print

HC held that with respect to objections & satisfaction note, AO will pass a speaking order; copies of which will be furnished to petitioner

Amendment to section 153C also applies to Section 132 searches conducted before 01.06.2015: SC

April 8, 2023 1776 Views 0 comment Print

SC held that amendment to Section 153C vide Finance Act, 2015 shall be applicable to searches conducted under Section 132 before 01.06.2015

Approval granted under section 153D on ‘presumption’ basis is invalid

March 31, 2023 3657 Views 0 comment Print

Akshata Realtors Pvt. Ltd. Vs ACIT (ITAT Raipur) ITAT held that the Approval granted by the JCIT, Range Central, Raipur under section 153D on ‘presumption’ basis without thoroughly going through the seized material, assessment records etc. as perfunctory, without application of mind, mechanical in nature hence, invalid, bad in law and liable to be quashed. […]

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