Section 147 of the Income Tax Act

Income-tax Act, 2025: s.279

Section 147 of the Income-tax Act, 1961 corresponds to section 279 (Income escaping assessment) of the Income-tax Act, 2025.

Read section 279 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 147 is National Thermal Power Co. Ltd. v. CIT (229 ITR 383), cited in 5,834 of the 49,210 judgments on BharatTax that turn on this section.

Leading authorities on Section 147

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.

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.

Estate of Late Tukojirao Holkar v. CWT
223 ITR 480 · 1997 · High Court
2,040
citing judgments

A court or tribunal is not bound to answer a reference or adjudicate an appeal on its merits if the party at whose instance the proceeding is made fails to appear at the hearing or take necessary steps for its proper conduct.

Sumati Dayal v. CIT
214 ITR 801 · 1995 · Supreme Court
1,967
citing judgments

The Revenue is entitled to look behind the apparent form of a transaction to discover its true nature, applying the test of human probabilities and surrounding circumstances. If transactions defy logic or are unnatural, they can be treated as bogus, even if supported by some documentation, especially in cases of cash credits or unexplained investments.

Goetze (India) Ltd. v. CIT
284 ITR 323 · 2006 · Supreme Court
1,842
citing judgments

An assessee cannot raise a new claim or a claim not made in the original or revised return of income for the first time directly before the Assessing Officer during assessment proceedings.

Judgments on Section 147

Adj Agri International LLP, Rajkot vs. The Income Tax Officer, Ward-1(1)(1), Rajkot

In the result, appeal of the assessee is allowed

ITA 1198/RJT/2026[2018-19]Status: DisposedITAT Rajkot21 Oct 2026AY 2018-19

Bench: Dr. Arjun Lal Sainiआयकर अपील सं./Ita No. 1198/Rjt/2026 [ िनधा"रण वष"/Assessment Year: 2018-19 ] Adj Agri International Llp, The Income Tax Officer, B1 First Floor Panchnath Ward-1(1)(1), Rajkot, Vs. Complex, Kalawad Road Opp. Aaykarbhavan, Race Course St Marrys School, Rajkot, Ring Road, Rajkot, Gujarat-360005 Gujarat-360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aatfa9441L (अपीलाथ"/Assessee) (""यथ"/Respondent) Assessee By : Shri Brijesh Parekh, Ld. Ar Respondent By : Shri Ganesh Iyer, Ld. Sr. Dr Date Of Hearing : 05/10/2026 Date Of Pronouncement : 21/10/2026 :: 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 11.08.2026, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 147 Of The Act, Dated 03.03.2026. 2. The Solitary Grievance Of The Assessee In This Appeal Is That Learned Cit(A) Erred In Confirming The Addition Of Rs.20,25,800/- Made By The Assessing Officer Under Section 69A Of The Income Tax Act, 1961 Treating The

For Appellant: Shri Brijesh Parekh, Ld. ARFor Respondent: Shri Ganesh Iyer, Ld. Sr. DR
Section 133(6)Section 147Section 148Section 69A

Neepaben Sunnybhai Motwani, Rajkot vs. Income Tax Officer, Rajkot

In the result, both appeals of the assessee (in ITA No

ITA 875/RJT/2026[2021-22]Status: DisposedITAT Rajkot19 Oct 2026AY 2021-22

Bench: Dr. Arjun Lal Sainiआयकर अपील सं./Ita No. 874 & 875/Rjt/2026 [ िनधा"रण वष"/Assessment Year: 2020-21 & 2021-22 ] Neepaben Sunnybhai Motwani, The Income-Tax Officer, "Radha Swami", 3, Chandan Ward-1(1)(1), Aayakar Vs. Park, Raiya Road, Rajkot, Bhavan, Race Course Ring Gujarat-360007 Road, Rajkot, Gujarat -360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aqhpm2444F (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Hiren Shah, Ld. Ar Respondent By : Shri Ganesh Iyer, Ld. Sr. Dr Date Of Hearing : 30/09/2026 Date Of Pronouncement : 19/10/2026 :: Order :: Per, Dr. Arjun Lal Saini, Am: Captioned Two Appeals Filed By The Same Assessee, Pertaining To Assessment Years (Ay) 2020-21 & 2021-22, 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)’], Dated, Which In Turn Arise Out Of Separate Assessment Order Passed By The Assessing Officer U/S 147 Of The Act. 2. Since The Issue Involved In These Two Appeals Are Common & Identical, Therefore These Two Appeals Are Clubbed & Heard Together & A Consolidated Order Is Being Passed For The Sake Of Convenience & Brevity. The Facts As Well

For Appellant: Shri Hiren Shah, Ld. ARFor Respondent: Shri Ganesh Iyer, Ld. Sr. DR
Section 147Section 148Section 250Section 69A

Neepaben Sunnybhai Motwani, Rajkot vs. The Income Tax Officer, Rajkot

In the result, both appeals of the assessee (in ITA No

ITA 874/RJT/2026[2020-21]Status: DisposedITAT Rajkot19 Oct 2026AY 2020-21

Bench: Dr. Arjun Lal Sainiआयकर अपील सं./Ita No. 874 & 875/Rjt/2026 [ िनधा"रण वष"/Assessment Year: 2020-21 & 2021-22 ] Neepaben Sunnybhai Motwani, The Income-Tax Officer, "Radha Swami", 3, Chandan Ward-1(1)(1), Aayakar Vs. Park, Raiya Road, Rajkot, Bhavan, Race Course Ring Gujarat-360007 Road, Rajkot, Gujarat -360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aqhpm2444F (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Hiren Shah, Ld. Ar Respondent By : Shri Ganesh Iyer, Ld. Sr. Dr Date Of Hearing : 30/09/2026 Date Of Pronouncement : 19/10/2026 :: Order :: Per, Dr. Arjun Lal Saini, Am: Captioned Two Appeals Filed By The Same Assessee, Pertaining To Assessment Years (Ay) 2020-21 & 2021-22, 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)’], Dated, Which In Turn Arise Out Of Separate Assessment Order Passed By The Assessing Officer U/S 147 Of The Act. 2. Since The Issue Involved In These Two Appeals Are Common & Identical, Therefore These Two Appeals Are Clubbed & Heard Together & A Consolidated Order Is Being Passed For The Sake Of Convenience & Brevity. The Facts As Well

For Appellant: Shri Hiren Shah, Ld. ARFor Respondent: Shri Ganesh Iyer, Ld. Sr. DR
Section 147Section 148Section 250Section 69A

Venish Vinodray Lalani, Rajkot vs. Income Tax Officer, Morbi

In the result, appeal of the assessee is allowed

ITA 197/RJT/2026[2019-20]Status: DisposedITAT Rajkot19 Oct 2026AY 2019-20

Bench: Dr. Arjun Lal Sainiआयकरअपीलसं./Ita No. 197/Rjt/2026 [ "नधा"रणवष"/Assessment Year: 2019-20 ] Venish Vinodray Lalani, The Income-Tax Officer, Ward- Prop. Of Nandini Sarees Ghar, 1, Aayakar Vibhag, J. K. Vs. 4, Rup Complex, University Chamber, Lalpar, National Road, Opp. Ramraj Travels, Highway, Morbi – 363642, Rajkot – 360005, Gujarat Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aflpl9689Q (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Hiren Shah, Ld. Ar Respondent By : Shri Ganesh Iyer, Ld. Sr. Dr Date Of Hearing : 30/09/2026 Date Of Pronouncement : 19/10/2026 :: Order :: Per, Dr. Arjun Lal Saini, Am: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2019-20, 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 30.12.2025, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 147 Read With Section 144B Of The Act, Dated 11.03.2024. 2. The Grounds Of Appeal Raised By The Assessee Are As Follows: “1. Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre Has Erred In Law & Facts In Dismissing The Grounds Raised In Appeal Venish Vinodray Lalani

For Appellant: Shri Hiren Shah, Ld. ARFor Respondent: Shri Ganesh Iyer, Ld. Sr. DR
Section 132Section 142(1)Section 143(1)Section 143(2)Section 144BSection 147Section 148

Shree Bandharda Seva Sahkari Mandli Ltd., Junagadh-Una vs. Income Tax Officer Ward -4, Junagadh

In the result, the appeal of the assessee is allowed

ITA 881/RJT/2025[2019-20]Status: DisposedITAT Rajkot19 Oct 2026AY 2019-20

Bench: Dr. Arjun Lal Sainiआयकर अपील सं./Ita No. 881/Rjt/2025 [ िनधा"रण वष"/Assessment Year: 2019-20 ] Shree Bandharda Seva Sahkari Income Tax Officer, Ward-4, Mandali Limited, Vs. Baudin College Road, Village-Bandharda, Taluka-Una, Junagadh, Gujarat-362565 Junagadh, Gujarat-362565, "ायीलेखासं./जीआइआरसं./Pan/Gir No.: Aagas5227E (अपीलाथ"/Appellant) (""थ"/Respondent) Appellant By : Shri R. D. Lalchandani, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr Date Of Hearing : 15/10/2026 Date Of Pronouncement : 19/10/2026 :: Order :: Per, Dr. Arjun Lal Saini, Am: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2019- 20, Is Directed Against The Order Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) By National Faceless Appeal Centre (Nfac), Delhi/Commissioner Of Income-Tax (Appeals), Dated 09.10.2025, Which In Turn Arises Out Of An Order Passed By The Assessing Officer U/S 147 Of The Act, On 05.03.2024. 2. Grounds Of Appeal Raised By The Assessee Are As Follows: 1. The Cit (A) Erred In Upholding Reopening The Assessment Under 148 Of The Act. The Reopening Of The Assessment Is Not Justified. 2. The Cit (A) Erred In Upholding Reopening The Assessment Under 148 Of The Act. The Reopening Is Beyond The Powers Of The Jao.

For Appellant: Shri R. D. Lalchandani, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. Dr
Section 133(6)Section 139Section 147Section 148Section 148ASection 151Section 250Section 80P

Nitinbhai Nanalal Badani, Rajkot vs. CIT (Appeals), National Faceless Appeal Centre, Delhi

In the result, both appeals of the assessee (in ITA No

ITA 658/RJT/2025[2020-21]Status: DisposedITAT Rajkot19 Oct 2026AY 2020-21

Bench: Dr. Arjun Lal Sainiआयकर अपील सं./Ita No. 658 & 485/Rjt/2025 [ िनधा"रण वष"/Assessment Year: 2020-21 & 2022-23 ] Nitinbhai Nanlal Badani, Cit (Appeals), National Vs. Nirav, Gandhi Gram Main Road, Faceless Appeal Centre, Raiya Road, Rajkot, Gujarat-360005 Delhi, New Delhi 110001 "ायीलेखासं./जीआइआरसं./Pan/Gir No.: Achpb0250C (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Hiren Shah, Ld. Ar Respondent By : Shri Ganesh Iyer, Ld. Sr. Dr Date Of Hearing : 15/10/2026 Date Of Pronouncement : 19/10/2026 :: Order :: Per, Dr. Arjun Lal Saini, Am: Captioned Two Appeals Filed By The Same Assessee, Pertaining To Assessment Years (Ay) 2020-21 & 2022-23, Are Directed Against The Separate Orders Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By The National Faceless Appeal Centre (Nfac), Delhi/Commissioner Of Income Tax (Appeals) [In Short ‘Ld.Cit(A)’] Which In Turn Arise Out Of Separate Assessment Orders Passed By The Assessing Officer (In Short ‘Ao’) U/S. 147 Of The Act. 2. Since, The Issue Involved In Both These Two Appeals Are Common & Identical Therefore These Two Appeals Have Been Clubbed & Heard Together & A Consolidated Order Is Being Passed For The Sake Of Convenience & Brevity.

For Appellant: Shri Hiren Shah, Ld. ARFor Respondent: Shri Ganesh Iyer, Ld. Sr. DR
Section 139(1)Section 144B(8)Section 147Section 148Section 148ASection 151ASection 250Section 69A