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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 720 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 19590 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 411 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


Notice u/s 153C invalid if no satisfaction been recorded by Assessing Officer

November 17, 2015 668 Views 0 comment Print

ITAT-Ahmedabad In the case of M/s Shiv Associates v DCIT quashed the notice u/s 153C relying on the Judgment of the similar case related to the assessee in which the notices u/s 153C were quashed as no satisfaction was recorded by the AO.

Search Warrant against Members of HUF cannot be deemed to be also against HUF

November 14, 2015 708 Views 2 comments Print

Shri Govind G. Sarawagi HUF Vs. ACIT (ITAT Ahmedabad)- Name of the HUF, who is separate taxable entity, is no where available in the Panchnama. It is also pertinent to note that all the members of the HUF were not covered under the search action.

Principles & Procedures of Assessment u/s 153C

November 1, 2015 11001 Views 0 comment Print

a person other than the person referred to in section 153A, then, the books of account or documents or assets, seized or requisitioned shall be handed over to the Assessing Officer having jurisdiction over such other person ] and that Assessing Officer shall proceed against

Finding of photocopies with searched person does not mean they belong to person holding originals

November 1, 2015 1984 Views 0 comment Print

Pepsico India Holdings Private Ltd vs. ACIT (Delhi High Court)-Possession of documents and possession of photocopies of documents are two separate things. While the Jai puria Group may be the owner of the photocopies of the documents it is quite possible that the originals may be owned by some other person.

Search at house of partner cannot be deemed as search on assessee firm

October 30, 2015 1554 Views 0 comment Print

ACIT Vs. S.P.Cold Storage (ITAT Raipur)- Mere mentioning of name in Search Warrant & Panchanama not sufficient for contemplating search against the assessee firm, Search at the residential premises of the Partners could not be deemed to be a search on the assessee firm

Whether Section 153C enables AO to issue notice to third parties on the basis of entries in some documents

September 15, 2015 1280 Views 0 comment Print

A search took place on 14.02.2006 in the premises of M/s Radico Khaitan.In the course of these search proceedings, various documents including reports narrating amounts alleged to have been received or receivable from various members of the UPDA and the basis thereof were recovered.

Recording of satisfaction mandatory prior to issuing notice u/s 153C & it should not be vague

September 11, 2015 992 Views 0 comment Print

ITAT Ahmedabad in the case of M/s. Parshwa Corporation Vs. DCIT observed the basic necessities & condition for issuing notice u/s 153 C and it was held that it is mandatory to follow the procedure prescribed under the section i.e. (1) Satisfaction is to be recorded by the Assessing Officer of the persons searched;

Scope of additions that can be made in a pending assessment and in a completed assessment pursuant to a search u/s 132

September 2, 2015 2560 Views 0 comment Print

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

Search Assessment can be made only on the basis of incriminating material found during search

August 11, 2015 1133 Views 0 comment Print

In an appeal no.523/2013, the assessee was engaged in the operation of a Container Freight Station (CFS). It filed a return of income on 08.10.2008 declaring total income at Rs. Nil after claiming deduction of Rs.210713675/- u/s 80IA(4) of the Income Tax Act,1961

Onus to prove Third party documents found during search is on department

July 29, 2015 681 Views 0 comment Print

Document found during search was a third party document which was neither in the handwriting of the assessee nor bears her signature. Its inference has to be taken as stated by the person who possessed the document.

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