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)

Joint Commissioner of Income Tax(OSD), Subhash Road vs. Windlass Constructions, Rajpur Road

In the result, appeal of the Revenue is dismissed

ITA 33/DDN/2025[2017-18]Status: DisposedITAT Dehradun18 Feb 2026AY 2017-18

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Through Virtual Mode] [Assessment Year : 2017-18] Jcit (Osd) Vs Windlass Constructions Aaykar Bhawan, 53-R, Rajpur Road 13 A, Subhhash Road, Uttarakhand-248001 Uttarakhand Pan-Aabfw4972E Appellant Respondent Revenue By Shri A.S.Rana, Sr.Dr Assessee By Shri Varendra Kalra, Ca Date Of Hearing 10.12.2025 Date Of Pronouncement 18.02.2026 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By The Revenue Against The Order Dated 19.12.2024 By Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld.Cit(A)”] In Appeal No. Cit(A), Dehradun/10687/2019-20 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising From The Assessment Order Dated 20.12.2019 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2017-18. 2. Brief Facts Of The Case Are That The Assessee Is A Partnership Firm & E-Filed Its Return Of Income On 31.10.2017, Declaring Loss Of Inr 4,61,33,210/-. The Case Was Selected For Scrutiny Under Cass For Various Reasons Where One Of The Reasons Was That Large Cash Was Deposited During Demonetization Period. The Assessee Has Deposited Cash Of Inr 2,40,32,000/- During The Demonetization Period For Which It Was Explained That The Immediate Source Was Out Of The Withdrawals Made Prior To The Deposits. Ao Observed That Cash Was Withdrawn For Business Activities & Were Spent & Therefore, The Source Of The Cash Remained Unexplained & Made The Addition U/S 69A As Unexplained Money & Invoked The Provision Of Section 115Bb Of The Act.

Section 115BSection 143(3)Section 250Section 69A

M/S A-One Enterprises, Dehradun vs. Income Tax Officer, Dehradun

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 209/DDN/2025[2017-18]Status: DisposedITAT Dehradun18 Feb 2026AY 2017-18

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwalm/S A-One Enterprises, Income Tax Officer, 135/61 East Patel Nagar, Dehradun. Dehradun, Uttarakhand-248001. Vs. Pan-Aanfa5222D (Appellant) (Respondent) Assessee By Shri Saurabh Gupta, Ca Department By Shri A. S. Rana, Sr. Dr Date Of Hearing 11.12.2025 Date Of Pronouncement 18.02.2026 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [‘Ld. Cit(A)’ In Short], Dated 25.08.2025 In Appeal No. Cit(A)/Dehradun/10654/2019-20 Arising Out Of The Assessment Order Passed U/S 143(3) Of The Act, 1961 (The Act’ In Short) Dated 16.12.2029 For Assessment Year 2017-18. 2. Brief Facts Of The Case Are That Assessee Had Filed Its Return Of Income Declaring Total Income At Rs.3,08,939/-. The Case Was Selected For Scrutiny & Assessment Was Completed Vide Order Dated 16.12.2019 At A Total Income Of Rs.51,79,869/- By Making Additions Of Rs.48,49,500/- U/S 68 Of The Act & Rs.21,430/- U/S 41(1) Of The Act. A-One Enterprises Vs. Ito 3. Aggrieved By The Said Order, The Assessee Preferred An Appeal Before The Ld. Cit(A) Who Partly Allowed The Appeal By Allowing The Additions Of Rs.4,49,500/- After Verification By The Ao & Confirmed The Remaining Additions Of Rs. 44.00 Lacs Made U/S 68 Of The Act & Rs. 21,430/- Towards Bogus Liability.

Section 143(3)Section 41(1)Section 68