Section 143(3B) of the Income Tax Act

Income-tax Act, 2025: s.270

Section 143(3B) 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(3B) is Textile Machinery Corporation Ltd. v. CIT (107 ITR 195), cited in 165 of the 427 judgments on BharatTax that turn on this section.

Leading authorities on Section 143(3B)

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.

CIT v. Bombay Samachar Ltd.
74 ITR 723 · 1969 · High Court
51
citing judgments

When an assessee has mixed funds from both own sources and borrowings in a cash credit account, the debit balance is presumed to have been met from the company's own funds. This principle is applied to assess the allowability of interest deduction under Section 36(1)(iii) for capital borrowed for business purposes.

CIT v. Saurashtra Cement and Chemical Industries Ltd.
91 ITR 170 · 1973 · High Court
48
citing judgments

Business is considered set up when initial and essential activities for its establishment, such as obtaining necessary licenses, leases, and beginning raw material extraction, commence, even before the main manufacturing plant is fully installed or production has started.

Judgments on Section 143(3B)

Ala Service Co-Operative Bank Ltd, Thrissur vs. ITO, Ward-2(1), Thrissur

In the result, the appeal filed by the assessee stands dismissed

ITA 581/COCH/2025[2018-19]Status: DisposedITAT Cochin30 Oct 2025AY 2018-19

Bench: Shri Inturi Rama Rao, Am & Shri Anikesh Banerjee, Jm Assessment Year: 2018-19 Ala Service Co-Op. Bank Ltd . .......... Appellant Santhipuram P.O., Kodungallur, Thrissur 680668 [Pan: Aadaa5833H] Vs. The Income Tax Officer, Wd-2(1), Thrissur ......... Respondent Assessee By: Shri Jojo, C.A., Advocate Revenue By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 28.10.2025 Date Of Pronouncement: 30.10.2025 O R D E R Per: Inturi Rama Rao, Am This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi (Nfac) Dated 17.06.2025 For Assessment Year (Ay) 2018-19. 2. Brief Facts Of The Case Are That The Appellant Is A Co-Operative Society Registered Under The Kerala State Co-Operative Societies Act, 1969. It Is Classified As A Primary Agricultural Credit Co-Operative Society Engaged In The Business Of Providing Credit Facilities To Its Members & Accepting Deposits From Members. The Return Of 2 Ala Service Co-Op. Bank Ltd. Income For Ay 2018-19 Was Filed On 28.12.2018 Claiming Deduction U/S. 80P Of The Income Tax Act, 1961 (The Act). Against The Said Return Of Income, The Assessment Was Completed By The National E- Assessment Centre (Hereinafter Called "The Ao") Vide Order Dated 15.04.2021 Passed U/S. 143(3) R.W.S. 143(3A) & 143(3B) Of The Act At A Total Income Of Rs. 72,95,927/-. While Doing So, The Ao Denied Deduction U/S. 80P In Respect Of Interest Income 72,95,927/- Derived From District Co-Operative Bank.

For Appellant: Shri Jojo, C.A., AdvocateFor Respondent: Smt. Leena Lal, Sr. D.R
Section 119BSection 139(1)Section 143(3)Section 80ASection 80P