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)

ACIT, Circle-40, Kolkata vs. Shri Ashok Kumar Chanda, Kolkata

In the result, appeal filed by the Revenue is allowed for statistical purposes

ITA 2049/KOL/2016[2013-14]Status: DisposedITAT Kolkata16 Mar 2018AY 2013-14

Bench: Shri Aby T. Varkeyand Dr.A.L. Sainiassessment Year :2013-14 Acit, Circle-40, V/S. Shri Ashok Kumar Chanda, 2Nd Floor, 3, Govt. Place 61, Bentick Street, (W), Kolkata-700 001 Kolkata-69 [Pan No.Acnpc 7389 P] अपीलाथ" /Appellant ""यथ"/Respondent .. अपीलाथ" क" ओर से/By Appellant Shri Arindam Bhattacherjee, Addl. Cit-Dr ""यथ" क" ओर से/By Respondent Shri Ahok Kr. Chanda, Assessee सुनवाई क" तार"ख/Date Of Hearing 06-03-2018 घोषणा क" तार"ख/Date Of Pronouncement 16-03-2018 आदेश/O R D E R Per Dr. A.L. Saini, Accountantmember:- This Caption Appeal Filed By The Revenue, Pertaining To Assessment Year 2013-14, Is Directed Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals)-12, Kolkata, In Appeal No.127/Cit(A)-12/Kol//Cir- 40/2015-16, Dated 26.07.2016, Which In Turn Arises Out Of An Order Passed By Assessing Officer U/S 143(3)Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’),Dated 02.12.2015. 2.Revenue Has Raised Following Grounds Of Appeal:- “The Ld. Cit(A)-12, Kol Has Erred In Law & Facts As Well As Circumstances By Deleting The Addition Of Rs.51,24,369/- For Non- Deduction Of Tds U/S. 40(A)(Ia). It Was Recorded In The Order That Assessee Declared That He Could Not Furnish The Required Certificate U/S. 201(1). Cit(A) Has Violated The Rule U/S. 46A, Not To Send The Submissions (Certificate & The Copy Of Return Of M/S Century Plywood) To The Ao. Moreover, The Certificate Is Not In The Name Of Assessee. It

Section 143(3)Section 201Section 201(1)Section 40Section 46A

DCIT, Cir-26, Kolkata vs. M/S Tewari Warehousing Company, Kolkata

In the result, Revenue’s appeal stands allowed partly for statistical

ITA 1316/KOL/2016[2010-2011]Status: DisposedITAT Kolkata16 Mar 2018AY 2010-2011

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year:2010-11 Dcit, Circle-26 M/S Tewari Warehousing Co. बनाम / Aayakar Bhawan Hide Shed Dump, Old V/S. Dakshin, 2, Gariahat Goragacha Road, Kolkata-88 Road, (South), [Pan No.Aacft 5579 K] Kolkata-68 .. अपीलाथ" /Appellant ""यथ" /Respondent Shri Arindam Bhattacherjee, Addl. Cit-Dr अपीलाथ" क" ओर से/By Appellant Shri Vikash Surana, Advocate ""यथ" क" ओर से/By Respondent 31-01-2018 सुनवाई क" तार"ख/Date Of Hearing 16-03-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Revenue Is Against The Order Of Commissioner Of Income Tax (Appeals)-7, Kolkata Dated 14.03.2016. Assessment Was Framed By Jcit, Range- 53, Kolkata U/S 143(3)/144 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 28.03.2013 For Assessment Year 2010-11. The Grounds Raised By The Revenue Per Its Appeal Are As Under:- “1. That The Ld. Cit(A) Erred In Directing To Assess The Entire Gross Receipts S Business Income & Allow Deductions As Per Section 28 To 43 Of The It Act When Rental Income Of Rs.2,31,00,000/- Was Already Included In The Gross Receipts. 2. That The Ld. Cit(A) Erred In Deleting The Estimation Of Business Profits Of Rs.2,37,72,132/- Made By The Ao Though Rejection Of Assessee’S Books Of Account U/S 145(3) Considering The Facts Of The Case. 3. That The Ld. Cit(A)’S Order Is Contrary To The Law & Fact Of The Case. 4. The Appellant Craves Leaves To, Add To, Alter Or Modify Any One Or All Of The Grounds Of Appeal Mentioned Above.”

Section 143(3)Section 145(3)Section 194Section 27Section 28