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)

DCIT, Circle - 8(1), Kolkata vs. M/S. Magma Itl Finance Limited, Kolkata

ITA 243/KOL/2018[2008-09]Status: DisposedITAT Kolkata06 Jul 2018AY 2008-09

Bench: Shri P.M. Jagtap, Am] I.T.A. No. 243/Kol/2018 Assessment Year: 2008-09 Dcit Circle 8(1) Kolkata..............................…………………………..............................Appellant P-7, Chowringhee Square, 5Th Floor, Kolkata – 700 069. M/S. Magma Itl Finance Ltd.....................………………………………………………..Respondent 24, Park Street, Magma House, Kolkata – 700 016. [Pan: Aafcm 2742 R] Appearances By: Shri D.C. Mondal, Addl. Cit Appearing On Behalf Of The Revenue. Shri Ravi Tulsiyan, Fca Appearing On Behalf Of The Assessee Date Of Concluding The Hearing : May 29, 2018 Date Of Pronouncing The Order : July 06 2018 Order Per P.M. Jagtap, Am This Appeal Is Preferred By The Revenue Against The Order Of Ld. Cit(A) – 5, Kolkata Dated 15.11.2017 & The Solitary Ground Raised Therein By The Revenue Reads As Under: “That On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Deleting The Disallowance Of Rs. 27,10,565/- On Account Of Professional Fee, Rs. 18,58,000/- On Account Of Preliminary Expenses, Rs. 34,146/- On Account Of Travelling Expenses & Rs. 2,02,922/- On Account Of Auditor’S Remuneration Whereas The Assessee Company Had Not Commenced Any Commercial Or Business Operations During The Relevant Previous Year Ending On 31.03.2008 & Also Not Shown Any Business Income.”

Section 143(3)

Parvati Resources Pvt. Ltd., Kolkata vs. ITO, Ward - 5(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 2466/KOL/2017[2007-08]Status: DisposedITAT Kolkata06 Jul 2018AY 2007-08

Bench: Shri P.M. Jagtap, Am] I.T.A. No. 2466/Kol/2017 Assessment Year: 2007-08 Parvati Resources Pvt. Ltd....................................………………………………………........Appellant 6A, Elgin Road, Kolkata – 700 020. [Pan: Aaccp 4827 F] Income Tax Officer Kolkata...................…………………………………………….............Respondent Ward No. 5(1), P-7, Chowringhee Square, Kolkata – 700 069. Appearances By: Shri Manish Tiwari, Fca Appearing On Behalf Of The Assessee. Shri D.C. Mondal, Addl. Cit Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : May 29, 2018 Date Of Pronouncing The Order : July 06, 2018 Order This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit (Appeals) – 2, Kolkata Dated 06.11.2017. 2. The Assessee In The Present Case Is A Company Which Is Carrying On The Business Of Contracting. The Return Of Income For The Year Under Consideration Was Filed By It On 10.11.2017 Declaring A Total Income Of Rs. 6,79,590/-. In The Assessment Originally Completed Under Section 143(3) Vide An Order Dated 21.12.2009, The Total Income Of The Assessee As Declared In The Return Of Income Was Accepted By The A.O. The Said Assessment However Was Subsequently Reopened By The A.O. & A Notice Under Section 148 Was Issued By Him To The Assessee On 29.03.2014 After Recording The Reasons. In Pursuance Of The Said Notice, Assessment Was Completed By The A.O. Under Section Under Section 147/143(3) Vide An Order Dated

Section 143(3)Section 147Section 148

Sri Ajit Kumar Das, Howrah vs. ITO, Ward - 48(1), Kolkata

In the result, the appeal of the assessee is treated as partly allowed

ITA 1347/KOL/2017[2008-09]Status: DisposedITAT Kolkata06 Jul 2018AY 2008-09

Bench: Shri P.M. Jagtap, Am] I.T.A. No. 1347/Kol/2017 Assessment Year: 2008-09 Shri Ajit Kumar Das...................................……………………………………….........................Appellant Prop. Amit Telecom, Sankrail, Champatala, Howrah – 711 313 [Pan: Amipd 1801 C] Income Tax Officer Kolkata...................…………………………………………….............Respondent Ward No. 48(1), Kolkata – 700 001. Appearances By: Shri A.K. Chandra, Advocate & Shri H. Mehta, Fca Appearing On Behalf Of The Assessee. Shri D.C. Mondal, Addl. Cit Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : May 29, 2018 Date Of Pronouncing The Order : July 06, 2018 Order This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit (Appeals) – 14, Kolkata Dated 17.11.2015. 2. At The Outset, It Is Noted That There Is A Delay Of 478 Days On The Part Of The Assessee In Filing This Appeal Before The Tribunal. In This Regard, The Assessee Has Made An Application Seeking Condonation Of The Said Delay On The Ground The Appeal Could Not Be Filed Within The Prescribed Time As He Was Not In A Position To Pay The Appeal Fee Of Rs. 10,000/-. Finally The Said Amount Was Asserted By Taking Some Loans & Since It Took Some Time To Raise The Said Loan, There Was A Delay In Filing The Appeal Before The Tribunal. Since This Submission Made By The Assessee Is Duly Supported By An Affidavit Filed By The Assessee Affirming The Relevant Facts On Oath, I Am Satisfied That There Was A Sufficient Cause For The Delay Of 478 Days On The Part Of The Assessee In 2 I.T.A. No. 1347/Kol/2017 Assessment Year: 2008-09 Shri Ajit Kumar Das Filing This Appeal Before The Tribunal. Even The Learned Dr Has Not Raised Any Objection In This Regard. The Said Delay Is Accordingly Condoned & This Appeal Of The Assessee Is Being Disposed Of On Merit.

Section 143(3)