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 -3(1), Kolkata vs. M/S Ankit Metal & Power Ltd., Kolkata

In the result, the appeal of the revenue is dismissed

ITA 1485/KOL/2016[2008-09]Status: DisposedITAT Kolkata05 Jan 2018AY 2008-09

Bench: Shri P.M. Jagtap, Am & Shri Aby. T. Varkey, Jm] I.T.A. No. 1485/Kol/2016 Assessment Year: 2008-09 D.C.I.T, Cir-3(1), Kolkata..............................…………………………………............Appellant P-7, Chowringhee Square, Aayakar Bhawan, 4Th Floor, Room No. 19, Kolkata – 700 069 M/S. Ankit Metals & Power Ltd...……………………………………………………Respondent 35, Chittaranjan Avenue, Central Avenue, Kolkata – 700 012 [Pan: Aaeca 5230 B] Appearances By: Shri Sallong Yaden, Addl. Cit Appearing On Behalf Of The Revenue. Shri S.K. Tulsiyan, Advocate Appearing On Behalf Of The Assessee. Date Of Concluding The Hearing : January 02, 2018 Date Of Pronouncing The Order : January 05, 2018 Order Per P.M. Jagtap, Am This Appeal Is Preferred By The Revenue Against The Order Of Ld. Cit(Appeals) – 9, Kolkata Dated 18.03.2016 & In The Solitary Ground Raised Therein, The Revenue Has Challenged The Action Of The Ld. Cit(A) In Deleting The Disallowance Of Rs. 98,18,225/- Made By The A.O. On Account Of Alleged Wrong Claim Of The Assessee-Company For Excess Depreciation On Power Plant. 2. As Noted At The Outset, There Is A Delay Of 6 Days On The Part Of The Revenue In Filing This Appeal Before The Tribunal. In This Regard, The Revenue Has Filed An Application Seeking Condonation Of The Said Delay & Keeping In View The Submissions Made Therein Which Are Duly Supported By An Affidavit Filed By The Concerned Assessing

Section 143(3)Section 144Section 263

ITO WD 2, Palghar vs. Irani Abresives, Palghar

In the result, the Revenue’s appeal stands dismissed

ITA 4169/MUM/2017[2014-15]Status: DisposedITAT Mumbai05 Jan 2018AY 2014-15

Bench: Shri Shamim Yahyaआयकर अपील सं./I.T.A. No.4169/Mum/2017 ("नधा"रण वष" / Assessment Year: 2014-15) Ito M/S. Irani Abresives बनाम/ Ward-2, Palghar, At & Post – Gholvad, Aayakar Bhavan, Ito, Bidco Road, Near Railway Station, Vs. Palghar, Tal. & Dist. Palghar-401 404 Tal. – Dahanu, Dist. - Palghar "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aabfi 4014 K (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Ms. N. Hemalatha ""यथ" क" ओर से/Respondent By : None सुनवाई क" तार"ख / : 10.10.2017 Date Of Hearing घोषणा क" तार"ख / : 05.01.2018 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: This Appeal By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-3, Thane Dated 22.03.2015 & Pertains To The Assessment Year 2014-15. 2. The Grounds Of Appeal Read As Under: Whether On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A)- 3, Thane Erred In Deleting The Addition Of Rs. 31,29,495/- On Account Of Commission Claimed By The Assessee, Without Appreciating The Facts That The 2 Ito Vs. M/S. Irani Abresives Assessee Could Not Substantiate Its Claim Of Services From M/S. Utkarsh Enterprises For Which It Has Paid Commission To M/S. Utkarsh Enterprises. _ .. The Appellant Prays That The Order Of The Ld. Cit(A)-3, Thane, Should Be Set- Aside & That Of The Assessing Officer Should Be Restored.

For Appellant: Ms. N. HemalathaFor Respondent: None
Section 131Section 143(3)