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)

Edusys Services Pvt. Ltd., Bangalore vs. DCIT, Bhubaneswar

Appeal of the assessee are allowed for statistical purposes

ITA 406/CTK/2015[2011-12]Status: DisposedITAT Cuttack27 Jul 2017AY 2011-12

Bench: Shri N.S.Saini, Am & Shri Pavan Kumar Gadale, Jm आयकर अपील सं./Ita No.406/Ctk/2015 (धनधाारण वषा / Assessment Year :2011-2012) Edusys Services Private Limited Vs. Dcit, Cirlce-1(1), M/S Suresh & Co., Chartered Bhubaneswar Accountants, #43/16, Srinidhi, 1St Floor, Surveyor Street, Basavanagudi, Bangalore-560004 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No. : Aabce 3423 B (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) धनधााररती की ओर से /Assessee By : Shri D.S.Vivek, Ar राजस्व की ओर से /Revenue By : Shri Subhendu Dutta, Citdr सुनवाई की तारीख / Date Of Hearing : 25/07/2017 घोषणा की तारीख/Date Of Pronouncement 27/07/2017 आदेश / O R D E R Per Shri Pavan Kumar Gadale, Jm: The Assessee Has Filed An Appeal Against The Order Of Cit(A)-1, Bhubaneswar, Passed In Itappeal No.0022/2014-15, Dated 10.06.2015, U/S.143(3) Of The Income Tax Act. 2. The Assessee Has Raised The Following Grounds Of Appeal :- “1. The Cit(A) Has Erred In Stating That There Is No Cause Of Grievance Against The Order Of The Assessing Officer Failing To Note That Even A Non-Action By The Ao Which Was Supposed To Have Done Calls For Review (As Decided By Supreme Court In The Case Of Cit Vs. Bhagat Construction Co. Pvt. Ltd.-Appeal No.1169 Of 2006). 2. The Cit(A) Has Erred In Upholding The Order Of The Ao In Considering The Dividend Distribution Tax Applicable For The Assessment Year 2012-13 In The Assessment Year 2011-12 & Also In Computing & In Levying Dividend Distribution Tax (Ddt) Liability Over & Above The Tax Actually Due The Basis Along With Interest Thereon. 2. The Cit(A) Has Erred In Stating That The Appellant Should Have Got The Challan Rectified By Filing Revised Return Or By Making Data Entry- Correction Failing To Appreciate That The Assessee Had In Fact Made An Application For Data Entry Correction In The Challan Which Was Not Acted Upon By The Respected Officers.”

For Appellant: Shri D.S.Vivek, ARFor Respondent: Shri Subhendu Dutta, CITDR
Section 10ASection 115JSection 143(1)Section 143(2)Section 143(3)Section 154

ACIT, Circle-2(1), Sambalpur vs. M/S. Gayatri College of Pharmacy, Sambalpur

Appeal of the revenue is allowed for statistical purposes

ITA 467/CTK/2014[2010-11]Status: DisposedITAT Cuttack27 Jul 2017AY 2010-11

Bench: Shri N.S.Saini, Am & Shri Pavan Kumar Gadale, Jm आयकर अपील सं./Ita No.467/Ctk/2015 (धनधाारण वषा / Assessment Year :2010-201) Acit, Circle-2(1), Sambalpur Vs. M/S Gayatri College Of Pharmacy, At-Jamadarpalli, Po-Ainthapalli, District-Sambalpur स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No. : Aaatg 7115 L (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. राजस्व की ओर से /Revenue By : Shri Subhendu Dutta, Citdr धनधााररती की ओर से /Assessee By : None सुनवाई की तारीख / Date Of Hearing : 25/07/2017 घोषणा की तारीख/Date Of Pronouncement 27/07/2017 आदेश / O R D E R Per Shri Pavan Kumar Gadale, Jm: The Revenue Has Filed The Appeal Against The Order Of Cit(A)-Ii, Bhubaneswar, Passed In Appeal Reference No.0511/2013-14, Dated 18.09.2014. 2. The Revenue Has Raised The Following Grounds Of Appeal :- “01. Whether In The Facts & Circumstances Of The Case, The Ld. Cit(A) Is Correct In Law & Facts In Giving Full Relief To The Assessee Trust Though The Activities Of The Assessee Did Not Qualify To Claim Exemption U/S.10(23C)(Vi) Of The I.T.Act. 02. Whether In The Facts & Circumstances Of The Case, The Ld. Cit(A) Is Correct In Law & Facts In Giving Full Relief To The Assessee Trust Though The Accumulated Profit Is More Than 15% Of Total Income.” 3. Brief Facts Of The Case Are That The Assessee Is A Society Registered Under The Society Registration Act, 1860 On 9-9-1986 & Runs Educational Institution & Imparting Education Of Pharmacy At Graduation & Post Graduation Levels & Filed The Return Of Income On 13.09.2010 Declaring Total Income Of Rs.Nil & The Sources Of Income Of The Assessee Mainly From Admission Fees, Sale Of Application Form, Hostel

For Appellant: NoneFor Respondent: Shri Subhendu Dutta, CITDR
Section 10Section 11Section 12ASection 143(1)Section 143(2)Section 143(3)