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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 753 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 19596 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 417 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


Budget 2023 aligns timeline under section 153 of Income Tax Act

February 5, 2023 16158 Views 0 comment Print

Budget 2023 aligns timeline under section 153 of Income Tax Act. Learn more about the 2016 Finance Acts reduced assessment order period of 9 months for 2021-22 and later assessment years.

Proceedings u/s 153C in absence of any incriminating material is bad in law

November 28, 2022 1824 Views 0 comment Print

In the present search and impugned assessment proceedings no new / hidden fact has come to light. The learned assessing officer has only changed the opinion and has now sought to tax the receipts in the year of receipt as against the year of registration. Thus, the additions in the impugned order are purely based on a change in legal opinion and not on any ‘incriminating material’.

Assessment framed u/s 144 instead of section 153C liable to be quashed

November 10, 2022 1905 Views 0 comment Print

ITAT Mumbai held that assessment proceedings were initiated on the basis of search operation carried out at third party wherein incriminating documents relating to assessee were allegedly found. Hence, assessment was required to be framed u/s 153C read with section 153A of the Income Tax Act and not u/s 144 and hence the said proceedings are quashed.

Fee receipt available in Public domain cannot be treated as incriminating material

October 5, 2022 957 Views 0 comment Print

ACIT Vs Padmshree Dr. D.Y. Patil University (ITAT Mumbai) Before us, the main plea of the Ld. CIT-­DR was that the development fee collected by the assessee trust on the basis of a single fee receipt from the students, shows that the students didn’t had any option but to mandatorily give/remit the fees (including the […]

Annual Report & Share Certificate cannot be treated as Incriminating Documents if no link with addition

October 4, 2022 567 Views 0 comment Print

Court is of the view that the recovery of the annual report and the share certificate of the Petitioner from premises of Minda Group cannot be considered to be incriminating documents.

Section 153C satisfaction needs to be recorded even if AO of searched & other person is same

August 22, 2022 5418 Views 0 comment Print

Palla Simhachalam (HUF) Vs ACIT (ITAT Visakhapatnam) AO of the searched person and the other person is one and the same, then also AO is required to record the satisfaction, as held by the various In the instant case, no such material has been brought before us by the ld. DR. In view of the […]

No Section 153A/153C addition If no Incriminating Material found during Search

August 14, 2022 4707 Views 0 comment Print

If no incriminating material found during Income Tax search in respect of an issue, no addition for such issue can be made Sections 153A/153C

Period of limitation u/s 153 is applicable in remand matters

June 29, 2022 7233 Views 0 comment Print

Held that the period of limitation prescribed under Section 153 (2A) or 153 (3) is applicable, when the matters are remanded back irrespective of whether it is to the Assessing Officer or TPO or the DRP, the duty is on the assessing officer to pass orders.

Section 148A notice not tenable for matter falling under Section 153C

June 20, 2022 2622 Views 0 comment Print

Pradeep Kumar Varshney Vs ITO (Delhi High Court) Learned counsel for the Petitioner states that in the present case notice under Section 148A is not warranted as it is a case of Section 153C of the Act to which proviso (c) of Section 148A applies. In response to a pointed query, Mr. Sunil Agarwal, learned […]

All about Appeal to Income Tax Appellate Tribunal (ITAT)

June 11, 2022 198664 Views 7 comments Print

rticle discusses about Appealable orders in case of appeal by the taxpayer, Appealable orders in case of appeal by the Commissioner, Appeal not to be filed by the department in certain cases, Time- limit for presenting appeal, Form and signature, Memorandum of cross objection, Documents to be submitted with appeal, Fees for filing the appeal, Fees for filing the appeal in other cases,

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