Section 143(3A) of the Income Tax Act

Income-tax Act, 2025: s.270

Section 143(3A) 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(3A) is Saurashtra Cement and Chemical Industries Ltd. v. CIT (213 ITR 523), cited in 311 of the 435 judgments on BharatTax that turn on this section.

Leading authorities on Section 143(3A)

Saurashtra Cement and Chemical Industries Ltd. v. CIT
213 ITR 523 · 1995 · High Court
311
citing judgments

Expenditure is deductible in the year it is determined and crystallised as a liability, even if it relates to a transaction of an earlier year, provided accounts are maintained on a mercantile basis.

319 ITR 306 (SC); CIT v. Vinay Cement Ltd.
84 Taxmann.com 185 · 2017 · Supreme Court
300
citing judgments

Employee and employer contributions towards Provident Fund (PF) and Employees' State Insurance (ESI) are allowable deductions under sections 36(1)(va) and 43B, respectively, if deposited on or before the due date for filing the return of income under section 139(1), even if paid after the due date prescribed under the respective welfare legislation.

Textile Machinery Corporation Ltd. v. CIT
107 ITR 195 · 1977 · Supreme Court
165
citing judgments

A new industrial undertaking is not considered a reconstruction of an existing business for tax deduction purposes if it is a separate, independent production unit manufacturing commercially tangible products that can operate without losing its identity in the old business. The transfer and substantial use of assets and manpower from an old business to a new one may indicate reconstruction.

7.14 In CIT v. Gwalior Rayon Silk Mfg. Co. Ltd.
196 ITR 149 · 1992 · Supreme Court
120
citing judgments

Incentive provisions in the Income-tax Act, particularly those granting deductions for new industrial undertakings, must be construed liberally to achieve their legislative purpose. This principle guides the interpretation of conditions such as what constitutes a 'new undertaking' versus a 'splitting up or reconstruction' of an existing business for claiming deductions.

Union of India v. Kumudini N. Dalal
249 ITR 219 · 2001 · Supreme Court
89
citing judgments

Consistency must be maintained in income-tax proceedings when the facts are not different, even though res judicata does not strictly apply. A consistent view taken in a particular year should not be departed from in subsequent years without contrary material.

CIT v. Tata Services Ltd.
122 ITR 594 · 1980 · High Court
76
citing judgments

A right to purchase property under an agreement to sell is a capital asset as defined under Section 2(14) of the Income-tax Act. The relinquishment or extinguishment of such a right constitutes a transfer of a capital asset, the consideration for which is taxable as capital gains.

Maddi Venkataraman & Co. (P.) Ltd. v. CIT
229 ITR 534 · 1998 · Supreme Court
72
citing judgments

Expenditure incurred for a purpose prohibited by law or in violation of another statute is not deductible as business expenditure under Section 37(1) as it is against public policy. The Explanation to Section 37 reinforces that such expenditure is deemed not for business.

Revenue (K.A. Ramaswamy Chettiar v. CIT
220 ITR 657 · 1996 · High Court
67
citing judgments

An assessment order is erroneous and prejudicial to the revenue, justifying revision under Section 263, if the Assessing Officer fails to make necessary inquiries or examine materials provided by the assessee, leading to a routine assessment.

CIT v. Kap Scan and Diagnostic Centre (P.) Ltd.
344 ITR 476 · 2012 · High Court
58
citing judgments

Payment of commission to doctors for referring patients to diagnostic centers or providing gifts, freebies, or hospitality to medical practitioners by pharmaceutical companies is against public policy and cannot be allowed as a business expenditure under Section 37(1). Demanding such benefits is unethical on the part of doctors, and paying them is equally unethical on the part of companies.

Somasundaram and Bros. v. CIT
238 ITR 939 · 1999 · High Court
53
citing judgments

Interest paid on borrowed funds is not allowable as a deduction under Section 36(1)(iii) of the Income-tax Act to the extent such funds are diverted to provide interest-free advances for non-business purposes, such as to sister concerns or promoter companies.

Judgments on Section 143(3A)

Kutch District Co-Operative Milk Producers Union Ltd., Anjar - Kutch vs. The Assessment Unit, Income Tax Department, New Delhi

ITA 113/RJT/2025[2018-19]Status: DisposedITAT Rajkot08 May 2025AY 2018-19

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita Nos.113& 114/Rjt/2025 (निर्धारण वर्ष / Assessment Years: (2018-19 & 2020-21) Kutch Dist. Co-Operative Milk Producers Union Ltd. C/O Apmc Premises, Versamedinaka, Near Railway Crossing, Anjar, Kukch-370 110 Vs. Income Tax Department, National E-Assessment Centre, Delhi स्थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaaak 9845 N (अपीलार्थी/Appellant) (प्रत्यर्थी / Respondent) निर्धारिती की ओर से / Assessee By : Shri Akshay Modi, Ar राजस्व की ओर से / Revenue By :Shri Sanjay Punglia, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 08/05/2025 घोषणा की तारीख/Date Of Pronouncement : 08/05/2025 आदेश / Order Per Dr. A.L. Saini, A.Μ: Captioned Two Appeals Filed By The Assessee, Pertaining To Assessment Years (Ays) 2018-19 & Ay 2020-21, Are Directed Against The Separate Orders Passed By The National Faceless Appeal Centre (Nfac), Delhi /Commissioner Of Income-Tax (Appeals) (For Short ‘Ld. Cit(A)/Nfac'), Both Dated 09.01.2025 Under Section 250 Of The Income Tax Act, 1961 (In Short ‘The Act'), Which In Turn Arose, Out Of Separate Assessment Orders Passed By The National E-Assessment Centre, Delhi / Assessing Officer U/S 143(3) R.W.S. 143(3A) & 143(3B) R.W.S. 144B Of The Act, On 05.03.2021 & 25.9.2022, Respectively. 2. Since The Issues Involved In Both The Appeals Are Common & Identical; Therefore, We Have Clubbed These Appeals & Heard Together & A Consolidated Order Is Being Passed For The Sake Of Convenience & Brevity. 3.

For Appellant: Shri Akshay Modi, ARFor Respondent: Shri Sanjay Punglia, CIT-DR
Section 143(3)Section 250Section 270ASection 80P(2)(d)