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)

Smt Jharna Saha, Kolkata vs. ITO, WD-40(1), Kolkata

In the result, the appeal filed by the assessee on ground No

ITA 1258/KOL/2016[2009-2010]Status: DisposedITAT Kolkata19 Apr 2017AY 2009-2010

Bench: Shri S.S.Viswanethra Ravi, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.1258/Kol/2016 ("नधा"रण वष" / Assessment Year :2009-2010) Smt. Jharna Saha, Vs. Ito, Ward-40(1), Cb1/13, Deshbandhu Nagar 3, Government Place (West) Baguihati Kolkata-700001 Kolkata-700059 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aurps0095A .. (अपीलाथ" /Appellant) (""यथ" / Respondent) राज"व क" ओर से /Revenue By : Shri Anil Kumar Pande,Addl-Cit "नधा"रती क" ओर से /Assessee By : Shri Manoj Kataruka, Adv. सुनवाई क" तार"ख / Date Of Hearing : 17/04/2017 घोषणा क" तार"ख/Date Of Pronouncement 19/04/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am The Captioned Appeal Filed By The Assessee, Pertaining To The Assessment Year 2009-2010, Is Directed Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals)-13, Kolkata, In Appeal No.202/Cit(A)-13/Wd-40(1)/2014-15/Kol, Dated 19.02.2016, Which In Turn Arises Out Of An Order Passed By The Assessing Officer U/S.143(3) Of The Income Tax Act 1961, (Hereinafter Referred To As The ‘Act’), Dated 11.11.2011. 2. Brief Facts Of The Case Qua The Assessee Are That The Assessee Has Submitted His Return Of Income On 30.03.2010 Disclosing Total Income Of Rs.2,05,250/-. The Return Of Income Of The Assessee Was Processed U/S 143(1) Of The Act On 15.12.2010. Later On, The Assessee’S Case Was Selected For Scrutiny U/S.143(3) Of The Act & The Ao Made Addition Of 2 Smt. Jharna Saha

For Appellant: Shri Manoj Kataruka, AdvFor Respondent: Shri Anil Kumar Pande,Addl-CIT
Section 143Section 143(1)Section 143(3)

Late Nabani Dhar Mazumdar Rep. by L/H Sri Brojendra Mohan Mazumdar, Burnpur vs. DCIT, Circle-1, Asansol

In the result, appeal filed by the assessee, is allowed

ITA 1576/KOL/2014[2007-2008]Status: DisposedITAT Kolkata19 Apr 2017AY 2007-2008

Bench: Shri N.V.Vasudevan, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.1576/Kol/2014 ("नधा"रण वष" / Assessment Year : 2007-08) Late Nabani Dhar Mazumdar Vs. Dcit, Circle-1, Asansol Rep.By L/H. Sri Brojendra - Sahana Apartment,Mother Mohan Mazumdar, 19, Radha Teressa Sarani, Nagar Road, Lowerchelidanga, Asansol- Burnpur-713325, 713304 Dist: Burdwan "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aelpm 0077 N .. (अपीलाथ" /Appellant) (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri Ravi Tulsiyan, Ar राज"व क" ओर से /Revenue By : Shri Rajat Kumar Kureel, Cit Dr सुनवाई क" तार"ख / Date Of Hearing : 04/04/2017 घोषणा क" तार"ख/Date Of Pronouncement 19/04/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2007-08, Is Directed Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals),Asansol, In Appeal No.141/Cit(A)/Asl/Acit/Cir-1/Asl/2009-10,Which In Turn Arises Out Of An Order Passed By The Assessing Officer U/S.143(3) Of The Income Tax Act 1961, (Hereinafter Referred To As The ‘Act’), Dated 30.12.2009. 2. The Brief Facts Of The Case Qua The Assessee Are That The Assessee Filed His Return Of Income For A.Y.2007-08 On 30.03.2009 Showing Total Income Of Rs.96,20,949/-. Assessee’S Case Was Selected For Scrutiny U/S.143(3) Of The Act & The Ao Completed The Assessment By Making Addition On Account Of Bogus Outstanding Liabilities Shown By The Assessee At Rs.17,51,545/-. The Ao Observed That In Respect Of Labourers, Id Nos. Pf & Esi Code Number Of The Labourers. The Assessee Also Did Not Furnish The Details Regarding Time Framed, Site

For Appellant: Shri Ravi Tulsiyan, ARFor Respondent: Shri Rajat Kumar Kureel, CIT DR
Section 143(3)

J.C.I.T RG - 3, Asansol vs. M/S Pawan Hardcoke Industries, Burdwan

In the result, appeal filed by the Revenue on ground No

ITA 406/KOL/2013[2008-09]Status: DisposedITAT Kolkata19 Apr 2017AY 2008-09

Bench: Shri N.V.Vasudevan, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.406/Kol/2013 ("नधा"रण वष" / Assessment Year : 2008-09) Jcit, Range-3, Asansol Vs. M/S Pawan Hardcoke Parmar Building, 54, Industries, G.T.Road (West), Asansol- Bhukania House, Pera Galli, 713304 Kachari Road, Barakar, Burdwan "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadfp 4056 E .. (अपीलाथ" /Appellant) (""यथ" / Respondent) राज"व क" ओर से /Revenue By : Shri Rajat Kumar Kureel, Jcit-Dr "नधा"रती क" ओर से /Assessee By : Shri T.P.Roy, Advocate सुनवाई क" तार"ख / Date Of Hearing : 03/04/2017 घोषणा क" तार"ख/Date Of Pronouncement 19/04/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Revenue, Is Directed Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals), Durgapur In Appeal No.108/Cit(A)/Asl/Cir-2/Asl/2010-11,Which In Turn Arises Out Of An Order Passed By The Assessing Officer U/S.144 Of The Income Tax Act 1961, (Hereinafter Referred To As The ‘Act’), Dated 25.10.2010. 2. Brief Facts Of The Case Qua The Assessee Are That The Assessee Is A Partnership Firm Engaged In The Business Of Manufacturing Of Coke Both Hardcoke & Soft Coke. The Assessee Is Doing Business In The Name Of M/S Pawan Hardcoke Industries, Which Is A Partnership Firm Consisting Of Two Partners. The Return Of Income Of The Assessee Was Processed U/S.143(1) Of The Act. Later On, Assessee’S Case Was Selected For Scrutiny U/S.143(3) Of The Act & The Ao Completed The Assessment By Making Addition On Account Of Unexplained Cash Credit U/S.68 Of The Act. The Assessing Officer Also Disallowed The Transportation Charges At Rs.12,85,223/- & Disallowed Some Expenditure Under Different Heads.

For Appellant: Shri T.P.Roy, AdvocateFor Respondent: Shri Rajat Kumar Kureel, JCIT-DR
Section 133(6)Section 143(1)Section 143(3)Section 144Section 68

J.C.I.T Range - 56, Kolkata vs. M/S Arti & Sons., Kolkata

In the result, the appeal filed by the Revenue on ground No

ITA 1932/KOL/2012[2009-10]Status: DisposedITAT Kolkata19 Apr 2017AY 2009-10

Bench: Shri N.V.Vasudevan, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.1932/Kol/2012 ("नधा"रण वष" /Assessment Year:2009-2010) Jcit, Range-56, 3, Govt Place Vs. M/S Arti & Sons, (W), 2Nd Floor, Kolkata-700001 167/4, Lenin Sarani, 2Nd Floor, Kolkata-700072 "थायी लेखा सं./जीआइआर सं./Pan/Gir No.: Aaefa 6622 J .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Assessee By : Shri G.Mallikarjuna, Cit Dr Revenue By : Shri V.N.Purohit, Ar सुनवाई क" तार"ख / Date Of Hearing : 09/03/2017 घोषणा क" तार"ख/Date Of Pronouncement 19/04/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Revenue Pertaining To The Assessment Year 2009-2010, Is Directed Against The Order Passed By Ld. Cit(A)-Xxxvi, Kolkata In Appeal No.357/Cit(A)-Xxxvi/Kol/R-56/10-11, Dated 29.10.2012, Which In Turn Arises Out Of An Order Passed By The Assessing Officer (Ao) Under Section 143(3) Of The Income Tax Act 1961, (Hereinafter Referred To As The ‘Act’), Dated 30.12.2010. 2. Brief Facts Of The Case Qua The Assessee Are That The Assessee Filed Its E-Return Of Income, Disclosing Total Income Of Rs.99,12,640/- On 22.09.2008. The Assessee’S Case Was Selected For Scrutiny U/S.143(3) Of The Act & The Ao Has Completed The Assessment By Making Addition On Account Of Gross Receipts From C&F Commission At Rs.5,33,81,892/- & On Account Of Undisclosed Liabilities Paid Through Credits In The Books Of Tiger Associates At Rs.7,12,32,585/-.

For Appellant: Shri G.Mallikarjuna, CIT DRFor Respondent: Shri V.N.Purohit, AR
Section 143(3)Section 194G(1)Section 40Section 40a