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)

Dharmesh Construction, Rajkot vs. The ITO Ward 2(1)(1), Rajkot

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

ITA 838/RJT/2026[2018-19]Status: DisposedITAT Rajkot28 Aug 2026AY 2018-19

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 838/Rjt/2026 [ "नधा"रणवष"/Assessment Year: 2018-19 ] Dharmesh Construction, The Ito Ward 2(1)(1), Rajkot, Dharmesh, Sant Kabir Road, Vs. It Office, New Aaykar Bhawan, 19 Bharmaniyapara, Vavdi, Vatiaka, Rajkot, Gujarat-360001 Rajkot, Gujarat-360004 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabfd4598H (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Ms. Devina Patel, Ld. Ar Respondent By : Shri Ganesh Iyer, Ld. Sr. Dr Date Of Hearing : 12/08/2026 Date Of Pronouncement : 28/08/2026 :: Order :: Per, Dr. Arjun Lal Saini, Am: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2018-19, Is 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 11.02.2026, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 143(3) R.W.S. 263 Of The Act, Dated 07.02.2024. 2. The Appeal Filed For Assessment Year 2018-19, Is Barred By Limitation By 28 Days. The Assessee Has Moved A Petition Requesting The Bench To Condone The

For Appellant: Ms. Devina Patel, Ld. ARFor Respondent: Shri Ganesh Iyer, Ld. Sr. DR
Section 143(3)Section 250

Shree Ranjitpur Seva Sahkari Mandali Limited, Ranjitpar vs. Income Tax Officer, National Faceless Assessment Center

In the result, both appeals of the assessee are allowed for statistical purposes

ITA 39/RJT/2026[2018-19]Status: DisposedITAT Rajkot28 Aug 2026AY 2018-19

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 38&39/Rjt/2026 ("नधा"रणवष"/Assessment Year: (2018-19) Shree Ranjitpar Seva Saharkari Ito (National Faceless Assessment Center) Ito Wd 1 Dwarka Mandli Limited Vs. Income Tax Office, Tal. Kalyanpur, Dwarka Gujarat 361335 Dwarka Gujarat 361335 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aajas7599G (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Sikander Halali, Ld. Ar Respondent By : Shri Ganesh Iyer, Ld. Sr. Dr Date Of Hearing : 17/08/2026 Date Of Pronouncement : 28/08/2026 Order Dr. Arjun Lal Saini, Am: Captioned Two Appeals Filed By The Assessee, Pertaining To Assessment Year (Ay) 2018-19, Are Directed Against The Separate Orders 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)'], Both Dated 25.08.2025, Which In Turn Arise Out Of An Assessment Order Passed By The Assessing Officer U/S 143(3) & A Penalty Order Passed By The Assessing Officer U/S270A Of The Act. 2. When The Matter Was Called For Hearing, The Learned Counsel For The Assessee At The Outset Submitted That Both Appeals Have Been Filed By The Assessee Belatedly

For Appellant: Shri Sikander Halali, Ld. ARFor Respondent: Shri Ganesh Iyer, Ld. Sr. DR
Section 143Section 143(3)Section 250Section 270A

Shree Ranjitpar Seva Saharkari Mandli Limted, at Ranjitpar vs. ITO (National Faceless Assessment Center), Dwarka

In the result, both appeals of the assessee are allowed for statistical purposes

ITA 38/RJT/2026[2018-19]Status: DisposedITAT Rajkot28 Aug 2026AY 2018-19

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 38&39/Rjt/2026 ("नधा"रणवष"/Assessment Year: (2018-19) Shree Ranjitpar Seva Saharkari Ito (National Faceless Assessment Center) Ito Wd 1 Dwarka Mandli Limited Vs. Income Tax Office, Tal. Kalyanpur, Dwarka Gujarat 361335 Dwarka Gujarat 361335 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aajas7599G (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Sikander Halali, Ld. Ar Respondent By : Shri Ganesh Iyer, Ld. Sr. Dr Date Of Hearing : 17/08/2026 Date Of Pronouncement : 28/08/2026 Order Dr. Arjun Lal Saini, Am: Captioned Two Appeals Filed By The Assessee, Pertaining To Assessment Year (Ay) 2018-19, Are Directed Against The Separate Orders 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)'], Both Dated 25.08.2025, Which In Turn Arise Out Of An Assessment Order Passed By The Assessing Officer U/S 143(3) & A Penalty Order Passed By The Assessing Officer U/S270A Of The Act. 2. When The Matter Was Called For Hearing, The Learned Counsel For The Assessee At The Outset Submitted That Both Appeals Have Been Filed By The Assessee Belatedly

For Appellant: Shri Sikander Halali, Ld. ARFor Respondent: Shri Ganesh Iyer, Ld. Sr. DR
Section 143Section 143(3)Section 250Section 270A

Jalaram Enterprise, Veraval vs. Income Tax Officer, Ward 4, Veraval

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

ITA 885/RJT/2025[2022-23]Status: DisposedITAT Rajkot28 Aug 2026AY 2022-23

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 885/Rjt/2025 ("नधा"रणवष"/Assessment Year: (2022-23) Jalaram Enterprise Income Tax Officer Peoples Bank Colony, Ward – 4, Vs. 80 Feet Road, Veraval (Gir Veraval Gujrat - 362266 Somnath) Junagadh Gujrat - 362266 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aalfj2548P (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Sarju S. Mehta, Ld. Ar Respondent By : Shri Ram Tiwari, Ld. Cit Dr Date Of Hearing : 16/07/2026 Date Of Pronouncement : 28/08/2026 Order Dr. Arjun Lal Saini, Am: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2022-23, Is 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 13.10.2025, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 143(3) Read With Section 144B Of The Act, Dated 22.03.2024. 2. At The Outset, The Ld. Counsel For The Assessee Submitted That During The Proceedings Before The Ld.Cit(A), The Assessee Has Submitted Detailed Written Jalaram Enterprise

For Appellant: Shri Sarju S. Mehta, Ld. ARFor Respondent: Shri Ram Tiwari, Ld. CIT DR
Section 143(3)Section 144BSection 250