Section 143(3) of the Income Tax Act

Income-tax Act, 2025: s.270

Section 143(3) falls under section 143 of the Income-tax Act, 1961, which corresponds to section 270 (Assessment) of the Income-tax Act, 2025.

Read section 270 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 143(3) is National Thermal Power Co. Ltd. v. CIT (229 ITR 383), cited in 5,834 of the 75,154 judgments on BharatTax that turn on this section.

Leading authorities on Section 143(3)

National Thermal Power Co. Ltd. v. CIT
229 ITR 383 · 1998 · Supreme Court
5,834
citing judgments

Appellate authorities can consider new claims and additional grounds if the relevant facts are already on record. The purpose of assessment is to correctly determine tax liability, allowing both parties to raise issues.

Collector, Land Acquisition v. Mst. Katiji
167 ITR 471 · 1987 · Supreme Court
3,926
citing judgments

Delay in filing appeals, when supported by sufficient or justifiable cause, should be condoned with a liberal approach to ensure substantial justice. This principle prioritizes the cause of justice over mere technicalities.

CIT v. Kabul Chawla
380 ITR 573 · 2016 · High Court
3,235
citing judgments

In a search assessment under Section 153A, additions can only be made for completed or non-abated assessment years if incriminating material relevant to those years is found during the search, although notice under Section 153A(1) is mandatorily issued for six assessment years preceding the search.

Malabar Industrial Co. Ltd. v. CIT
243 ITR 83 · 2000 · Supreme Court
2,943
citing judgments

For revision under Section 263, the Assessing Officer's order must be both erroneous and prejudicial to the interests of the revenue; if either condition is not met, the revisionary jurisdiction cannot be invoked. An order is not erroneous merely because the Assessing Officer did not record the details of enquiries conducted, provided due enquiries were made.

CIT v. Vegetable Products Ltd.
88 ITR 192 · 1973 · Supreme Court
2,664
citing judgments

When two equally plausible interpretations of a taxing provision are possible, or when conflicting views exist from non-jurisdictional High Courts, the interpretation that favors the assessee must be adopted.

CIT v. Manjunatha Cotton & Ginning Factory
359 ITR 565 · 2013 · High Court
2,590
citing judgments

A penalty notice issued under section 274 read with section 271(1)(c) is invalid if it fails to specify whether the penalty proceedings are initiated for concealment of income or for furnishing inaccurate particulars of income. This non-specification vitiates the penalty proceedings.

Pr. CIT v. Abhisar Buildwell (P.) Ltd.
149 Taxmann.com 399 · 2023 · Supreme Court
2,379
citing judgments

An assessment under section 153A is without jurisdiction if there is an absence of incriminating material for an unabated assessment year.

CIT v. Multiplan India Ltd.
38 ITD 320 · 1991 · ITAT
2,267
citing judgments

An appeal before the Income Tax Appellate Tribunal can be dismissed for non-prosecution or treated as unadmitted when the appellant fails to appear, cooperate, or show diligence, in accordance with Rule 19(2) of the Income-tax (Appellate Tribunal) Rules. The law aids the vigilant, not those who sleep on their rights.

CIT v. Reliance Petroproducts Pvt. Ltd.
322 ITR 158 · 2010 · Supreme Court
2,228
citing judgments

Penalty under Section 271(1)(c) for furnishing inaccurate particulars or concealment of income is not automatically leviable if the assessee has made a full disclosure of all particulars and the addition or disallowance arises from a difference of opinion.

CIT v. Reliance Utilities & Power Ltd.
313 ITR 340 · 2009 · High Court
2,118
citing judgments

Where an assessee claims that investments were made out of own funds, interest disallowance under Section 14A read with Rule 8D may not apply if the assessee demonstrates the availability of sufficient interest-free funds to cover such investments.

Judgments on Section 143(3)

Windsor Shelters, Pune vs. Asstt. Commissioner of Income Tax Circle 5, Pune

In the result, the appeal filed by the assessee is treated as allowed for statistical purposes

ITA 949/PUN/2026[2017-18]Status: DisposedITAT Pune31 Jul 2026AY 2017-18

Bench: Shri Rama Kanta Panda & Ms. Astha Chandraassessment Year : 2017-18 Windsor Shelters, Acit, Circle-5, Sr.No. 47/30, Aranyeshwar Sant Pune Nagar Chowk, Vs. Taware Colony, Pune-411009 Pan : Abcfs7010D (Appellant) (Respondent) Assessee By : Ms. Nisha Lahoti Department By : Ms. Bhavya. I.V. – Jt.Cit Date Of Hearing : 25-06-2026 Date Of Pronouncement : 31-07-2026 O R D E R Per Astha Chandra, J.M.: The Appeal Filed By The Assessee Is Directed Against The Order Dated 30-12-2025 Of The Ld. Commissioner Of Income Tax (Appeals), Nfac, Delhi [“Cit(A)/Nfac”], U/S. 250 Of The Income Tax Act, 1961 (The “Act”), Pertaining To Assessment Year (“Ay”) 2017-18. 2. Briefly Stated, The Facts Of The Case Are That The Assessee Is A Registered Partnership Firm & Engaged In The Business Of Promoter, Builder & Developer. For The Ay. 2017-18, The Assessee Filed Its Return Of Income On 31-10-2017 Declaring Total Income Of Rs. 1,96,73,750/-. The Case Of The Assessee Was Selected For Scrutiny Under Cass. Accordingly Statutory Notices U/S. 143(2) & 142(1) Of The Act Along With Questionnaire Were Issued & Duly Served Upon The Assessee. In Response Thereto The Assessee Submitted Its Reply & After Considering The Same, The Ld. Assessing Officer (“Ao”) Completed The Assessment U/S.143(3) Of The Act, Vide His Order Dt. 24-12-2019 At An Assessed Income Of 2 Rs.2,97,85,368/- By Computing The Income Of The Assessee In The Following Manner:

For Appellant: Ms. Nisha LahotiFor Respondent: Ms. Bhavya. I.V. – Jt.CIT
Section 143(2)Section 143(3)Section 250Section 37(1)Section 40

Samwat Systems Private Limited, Pune vs. ITO, Ward 6(1), Pune

In the result, Ground No. 1 raised by the assessee is allowed for statistical purpose

ITA 914/PUN/2026[2017-18]Status: DisposedITAT Pune31 Jul 2026AY 2017-18

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita No.914/Pun/2026 धििाारण वर्ा / Assessment Year : 2017-18 Samwat Systems Private Limited, Ito, Ward – 6(1), Pune Office No. 526, Siddhart Towers, Nr Citypride, Kothrud, Pune-411029 Vs. Pan : Aagcs1096P अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri Tanmay Phadke (Virtual) Department By : Ms. Bhavya I.V., Jt. Cit Date Of Hearing : 24-06-2026 Date Of 31-07-2026 Pronouncement : आदेश / Order Per Astha Chandra, Jm : The Appeal Filed By The Assessee Is Directed Against The Order Dated 27.01.2026 Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi [“Cit(A)/Nfac”] Wherein He Has Confirmed The Penalty Of Rs.5,23,576/- Levied By The Ld. Assessing Officer (“Ao”) U/S 270A Of The Income Tax Act, 1961 (The “Act”) Pertaining To Assessment Year (“Ay”) 2017-18. 2. Briefly Stated, The Facts Of The Case Are That The Assessee Is A Private Limited Company Engaged In The Business Of Generating Electricity. For Ay 2017-18, The Assessee Filed Its Return Of Income On 30.10.2017 Declaring Total Income Of Rs.3,770/-. The Case Of The Assessee Was Selected For Scrutiny Under Cass & The Assessment Was Completed By The Ld. Ao U/S 143(3) Of The Act On 24.12.2019 At An Assessed Income Of Rs.8,76,400/- Thereby Making Addition Of Rs.8,72,628/- On Account Of Disallowance Of Claim Of Deduction U/S 80Ia Of The Act In Respect Of Interest Received From The Fixed Deposit Maintained With The Bank Of Baroda During The Relevant Ay Under Consideration. Consequently, Penalty Proceedings Were Initiated By The Ld. Ao Vide Issue Of Penalty Notice U/S 274 R.W.S. 270A(1) Of The Act Dated 24.12.2019 Followed By Show Cause Notices Issued On 02.03.2021 & 09.06.2021. The Assessee Filed Its Submission & Requested To Drop The Penalty Proceedings. However, The Ld. Ao Rejected

For Appellant: Shri Tanmay Phadke (Virtual)For Respondent: Ms. Bhavya I.V., Jt. CIT
Section 143(3)Section 270ASection 274Section 801A(4)Section 80I