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)

Rajinder Singh, Shahkot vs. Income Tax Officer Ward-1(1), Jalandhar

The appeal stand allowed for statistical purposes

ITA 215/ASR/2026[2020-21]Status: DisposedITAT Amritsar17 Sept 2026AY 2020-21

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No.215/Asr/2026 (िनधा"रणवष" / Assessment Year: 2020-21) Rajinder Singh Ito Ward – 1(1) S/O Jagir Singh, Village Meda Central Revenue Building बनाम/ Vs. Po – Sindher, Tehsil – Shahkot Near Skylark Hotel, Jalandhar Jalandhar, Punjab – 144702 Punjab – 144040 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Cwmps-7855-P (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Sh. Tarun Kumar Gupta (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Mrs. Neerja Sharma (Addl. Cit) - Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 07-09-2026 घोषणाकीतारीख /Date Of Pronouncement 17-09-2026 : आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2020-21 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Nfac [Cit(A)] Dated 04.02.2026 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S 143(3) Of The Act On 26.09.2022. Having Heard Rival Submissions & Upon Perusal Of Case Records, The Appeal Is Disposed-Off As Under.

For Appellant: Sh. Tarun Kumar Gupta (CA) – Ld. ARFor Respondent: Mrs. Neerja Sharma (Addl. CIT) - Ld. Sr. DR
Section 143(3)

Smt Baljit Kaur, Amritsar vs. Income Tax Officer Ward(1)-, Amritsar

The appeal stand partly allowed for statistical purposes

ITA 513/ASR/2025[2015-16]Status: DisposedITAT Amritsar17 Sept 2026AY 2015-16

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No.513/Asr/2025 (िनधा"रणवष" / Assessment Year: 2015-16) Smt. Baljit Kaur Ito Ward 4(1) C/O Surinder Mahajan & Associates C.R. Building, Mall Road बनाम/ Vs. 74, Vijay Nagar, Jalandhar Amritsar, Punjab – 143001 Punjab – 144001 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Baspk-7323-P (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Sh. Surinder Mahajan (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Mrs. Neerja Sharma (Addl. Cit) - Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 10-09-2026 घोषणाकीतारीख /Date Of Pronouncement 17-09-2026 : आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2015-16 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Nfac [Cit(A)] Dated 22.05.2025 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S 143(3) Of The Act On 28.12.2017. Having Heard Rival Submissions, The Appeal Is Disposed- Off As Under.

For Appellant: Sh. Surinder Mahajan (CA) – Ld. ARFor Respondent: Mrs. Neerja Sharma (Addl. CIT) - Ld. Sr. DR
Section 143(3)Section 68

Mulajibhai Ramjibhai Khanapara, Junagadh vs. The Income Tax Officer, Veraval

In the result, appeal of the assessee, is allowed

ITA 911/RJT/2026[2011-12]Status: DisposedITAT Rajkot17 Sept 2026AY 2011-12

Bench: Dr. Arjun Lal Sainiआयकरअपीलसं./Ita No. 911/Rjt/2026 ("नधा"रणवष"/Assessment Year: (2011-12) Mulajibhai Ramjibhai Khanapara, The Income Tax Officer Virpur, Gir Talala, Ito 4, Vs. Junagadh Gujarat 362150 Veraval, Gujarat 362266 "ायीलेखासं./जीआइआरसं./Pan/Gir No.: Bvzpk0940R (अपीलाथ"/Assessee) (""यथ"/Respondent) Assessee By : Shri R. B. Shah. Ld. Ar Respondent By : Shri Shishir Kumar, Ld. Sr Dr Date Of Hearing : 30/07/2026 : 17/09/2026 Date Of Pronouncement :: Order :: Per, Dr. Arjun Lal Saini, Am: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2011-12, Is Directed Against The Order Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 20.01.2025 By The National Faceless Appeal Centre (Nfac), Delhi/Commissioner Of Income Tax (Appeals) [In Short ‘Ld.Cit(A)’] Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer (In Short ‘Ao’) U/S 143(3) R.W.S. 147 Of The Act, Dated 10.12.2018. 2. When The Matter Was Called For Hearing, The Learned Counsel For The Assessee At The Outset Submitted That Appeal Has Been Filed By The Assessee Belatedly By 441 Days. The Assessee Has Moved A Petition For Condonation Of Delay, Requesting The Bench To Condone The Delay, In Filing Appeal. The Learned Mulajibhai Ramibhai Khanapara

For Appellant: Shri R. B. Shah. Ld. ARFor Respondent: Shri Shishir Kumar, Ld. SR DR
Section 142(1)Section 143(2)Section 143(3)Section 147Section 148Section 250

Radhe Renewable Energy Development Pvt Ltd, Rajkot vs. The ACIT, Circle-1(1), Rajkot

In the result appeal of the Revenue is dismissed

ITA 610/RJT/2026[2013-14]Status: DisposedITAT Rajkot17 Sept 2026AY 2013-14

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 609 & 610/Rjt/2026 ("नधा"रणवष"/Assessment Year: (2013-14 & 2016-17) Radhe Renewable Energy The Assistant Commissioner Of Development Pvt. Ltd. Income-Tax, Vs. Plot No.G-557, Gate No.3, Circle-1(1), Rajkot Lodhika Gidc, Kalavad Road, Aayakar Bhavan, Race Course Metoda, Rajkot,Gujarat-360021 Ring Road, Rajkot, Gujarat 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaccr7723E (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Mehul Ranpura, Ld. Ar Respondent By : Shri Gopi Nath Chaubey, Ld. Sr. Dr Date Of Hearing : 02/07/2026 17/09/2026 Date Of Pronouncement : Order Per, Dr. Arjun Lal Saini, Am: Captioned Two Appeals Filed By The Assessee, Pertaining To Assessment Years (Ay) 2013-14 & 2016-17, Are Directed Against The Order Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By The National Faceless Appeal Centre (Nac) Delhi/Commissioner Of Income-Tax (Appeals) [In Short ‘Nfac/Ld.Cit(A)’], Dated 12.02.2026, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 143(3)/147 Of The Act, Dated 12.02.2026 & 20.02.2023, Respectively.

For Appellant: Shri Mehul Ranpura, Ld. ARFor Respondent: Shri Gopi Nath Chaubey, Ld. Sr. DR
Section 143(3)Section 147Section 148Section 14ASection 250

Radhe Renewable Energy Development Pvt Ltd, Rajkot vs. The ACIT, Circle-1(1), Rajkot

In the result appeal of the Revenue is dismissed

ITA 609/RJT/2026[2016-17]Status: DisposedITAT Rajkot17 Sept 2026AY 2016-17

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 609 & 610/Rjt/2026 ("नधा"रणवष"/Assessment Year: (2013-14 & 2016-17) Radhe Renewable Energy The Assistant Commissioner Of Development Pvt. Ltd. Income-Tax, Vs. Plot No.G-557, Gate No.3, Circle-1(1), Rajkot Lodhika Gidc, Kalavad Road, Aayakar Bhavan, Race Course Metoda, Rajkot,Gujarat-360021 Ring Road, Rajkot, Gujarat 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaccr7723E (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Mehul Ranpura, Ld. Ar Respondent By : Shri Gopi Nath Chaubey, Ld. Sr. Dr Date Of Hearing : 02/07/2026 17/09/2026 Date Of Pronouncement : Order Per, Dr. Arjun Lal Saini, Am: Captioned Two Appeals Filed By The Assessee, Pertaining To Assessment Years (Ay) 2013-14 & 2016-17, Are Directed Against The Order Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By The National Faceless Appeal Centre (Nac) Delhi/Commissioner Of Income-Tax (Appeals) [In Short ‘Nfac/Ld.Cit(A)’], Dated 12.02.2026, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 143(3)/147 Of The Act, Dated 12.02.2026 & 20.02.2023, Respectively.

For Appellant: Shri Mehul Ranpura, Ld. ARFor Respondent: Shri Gopi Nath Chaubey, Ld. Sr. DR
Section 143(3)Section 147Section 148Section 14ASection 250