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)

Comverse Network Systems India Pvt. Ltd., Gurgaon vs. ACIT, Gurgaon

In the result, appeal of the assessee is allowed partly for statistical purpose

ITA 6334/DEL/2012[2008-09]Status: DisposedITAT Delhi20 Jan 2017AY 2008-09

Bench: Sh. I.C. Sudhir & Sh. O.P. Kantassessment Year: 2008-09 Vs. Acit, Circle-1(1), Gurgaon M/S. Comverse Network Systems India Pvt. Ltd., Dlf Infinity Tower-A, 2Nd Floor, Dlf Cyber City Phase-Ii, Gurgaon Pan : Aabcc3425B (Appellant) (Respondent) Appellant By S/Sh. G.C. Srivastava & Daksh Bhardwaj, Advocates Respondent By Sh. T.M. Shiva Kumar, Cit(Dr) Date Of Hearing 02.11.2016 Date Of Pronouncement 20.01.2017 Order Per O.P. Kant, A.M.: This Appeal By The Assessee Is Directed Against Order Dated 23/10/2012 Passed By The Assessing Officer (Ao) , In Compliance To The Direction Of The Dispute Resolution Panel ( Drp) , Under Section 143 (3) Read With Section 144C Of The Income- Tax Act, 1961 (For Short ‘The Act’), In Respect Of Assessment Year 2008-09 Raising Following Grounds: “On The Facts & Circumstances Of The Case & In Law, The Learned Assessing Officer (“Ao") Has Erred In Passing The Assessment Order Under Section 143(3) Read With Section 144C Of The Income-Tax Act, 1961 (“The Act”) After Considering The Adjustments Proposed By The Learned Transfer Pricing Officer (“Tpo”) In His Order Passed Under Section 92Ca(3) Of The Act & Subsequently Confirmed By The Hon’Ble Dispute Resolution Panel (“Drp”).

Section 133(6)Section 143Section 143(3)Section 144CSection 92CSection 92F

ACIT 14(1), Mumbai vs. Manan N Shah, Mumbai

In the result, appeal of revenue is dismissed

ITA 826/MUM/2014[2009-10]Status: DisposedITAT Mumbai19 Jan 2017AY 2009-10

Bench: Shri Mahavir Singh, Jm & Shri Rajesh Kumar, Am आयकर अपीऱ सं./I.T.A. No.826/Mum/2014 (ननधधारण वषा / Assessment Year : 2009-10) बनधम/ Asstt. Commissioner Of Income Shri Manan N Shah, Tax -14(1), Room No.202, 95-B, Beghdoot , Vs. 2Nd Floor, Earnest House, Marine Drive, Mumbai-400002 Nariman Point, Mumbai-400021 स्थधयी ऱेखध सं./ Pan :Abops2030F अपीऱार्थी ओर से / Appellant By Shri A K Dhondial प्रत्यर्थी की ओर से/Respondent By Shri Mihir Shah सुनवाई की तारीख / Date Of Hearing : 19.1.2017 घोषणा की तारीख /Date Of Pronouncement :19.1.2017 आदेश / O R D E R Per Rajesh Kumar, Am The Appeal Filed By The Revenue Is Directed Against The Order Dated 18.11.2013, Passed By The Commissioner Of Income Tax(A), Mumbai U/S 143(3) Of The Income Tax Act For The Assessment Year 2009-10. 2. At The Outset, We Have Noticed That The Tax Effect In The Appeal Of The Revenue Is Below Rs.10 Lakhs, Therefore, The Same Is Not Maintainable As Per The Cbdt Circular No.21/2015, Dated 10Th December, 2015. We Found That As Per The Recent Circular No.21/2015, Dated 10Th December, 2015, Issued By The Cbdt, The Monetary Limit Has Been Revised For Filing Of Appeal

Section 143(3)

ITO 10(3)(2), Mumbai vs. Vijaykumar Gupta, Navi Mumbai

In the result, appeal of revenue is dismissed

ITA 810/MUM/2014[2009-10]Status: DisposedITAT Mumbai19 Jan 2017AY 2009-10

Bench: Shri Mahavir Singh, Jm & Shri Rajesh Kumar, Am आयकर अपीऱ सं./I.T.A. No.810/Mum/2014 (ननधधारण वषा / Assessment Year : 2009-10) बनधम/ Income Tax Officer -10(3)(2), Shri Vijaykumar Gupta, Unit Aayakar Bhavan, No.122, Bldb No.2, Vs. Millenum Business Park, M K Road, Sector-1, Midc, Mumbai-400020 Mahape, Navi Mumbai-400710 स्थधयी ऱेखध सं./ Pan :Acgpgo752M अपीऱार्थी ओर से / Appellant By Shri A K Dhondial प्रत्यर्थी की ओर से/Respondent By None सुनवाई की तारीख / Date Of Hearing : 19.1.2017 घोषणा की तारीख /Date Of Pronouncement :19.1.2017 आदेश / O R D E R Per Rajesh Kumar, Am The Appeal Filed By The Revenue Is Directed Against The Order Dated 8.1.2013, Passed By The Commissioner Of Income Tax(A), Mumbai U/S 143(3) Of The Income Tax Act For The Assessment Year 2009-10. 2. At The Outset, We Have Noticed That The Tax Effect In The Appeal Of The Revenue Is Below Rs.10 Lakhs, Therefore, The Same Is Not Maintainable As Per The Cbdt Circular No.21/2015, Dated 10Th December, 2015. We Found That As Per The Recent Circular No.21/2015, Dated 10Th December, 2015, Issued By The Cbdt, The Monetary Limit Has Been Revised For Filing Of Appeal

Section 143(3)