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)

Shri Dinesh Gaur, New Delhi vs. ITO, New Delhi

In the result the appeal is allowed for statistical purposes

ITA 2752/DEL/2015[2009-10]Status: DisposedITAT Delhi22 Sept 2016AY 2009-10

Bench: Shri J. Sudhakar Reddyay: 2009-10 Sh. Dinesh Gaur Vs. Ito R/O 103, Palika Bazaar Ward 31(1) Cp, New Delhi 110 018 New Delhi Pan: Aadpg 5656 M (Appellant) (Respondent) Appellant By : Shri Bl Gupta, C.A. Respondent By : Sh. Anil Sharma, Sr.D.R. O R D E R This Is An Appeal Filed By The Assessee Directed Against The Order Of The Ld.Cit(A)-18, New Delhi On The Following Grounds. “On The Facts & In The Circumstances Of The Case & In Law, The Cit(A) Was Incorrect & Unjustified In. (1) Upholding The Addition Of Rs.16,47,500/- Made U/S 68. The Cit(A) Was Also Unjustified In Sustaining The Addition Even Without Considering & Examining The Detailed Explanation Of The Assessee In The Regard Regarding The Source Of Deposit. (2) Upholding The Addition Of Rs.16,47,500/- Even Without Rejecting The Explanation & Source Of The Deposit & Also Without Finding The Same As False. (3) Sustaining The Addition Of Rs.1,25,000/- Even Without Finding The Explanation Of The Assessee As Untrue. (4) Sustaining The Addition Of Rs.3,07,000/- On Account Of Loan From Komal Gaur Even Though Admitting That The Money Had Come From Komal Gaur & Who Was Separately Assessed To Tax In Her Own Personal Capacity. (5) Sustaining The Various Additions As Above Without Giving The Reasons & Basis & Also Without Any Reasons To Hold That The Explanation Of The Assessee Has Not Been Found To Be Satisfactorily Whereas Such Adhoc Rejection Of The Explanation Is Not Permissible Under The Law. (6) Holding That The Assessee Has Not Earned Any Income From Tution Without Any Reason Basis & Evidence & Also Without Finding The Explanation Of The Assessee Is False & Also Without Finding The Same As Incorrect.”

For Appellant: Shri BL Gupta, C.AFor Respondent: Sh. Anil Sharma, Sr.D.R
Section 143(3)Section 68