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

Shri Khadadhar Juth Seva Sahakari Mandli Ltd, Gondal vs. ITO WD 1(2)(1), Rajkot

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

ITA 942/RJT/2026[2018-19]Status: DisposedITAT Rajkot28 Aug 2026AY 2018-19

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 942/Rjt/2026 [ "नधा"रणवष"/Assessment Year: 2018-19 ] Shri Khadadhar Juth Seva Income Tax Officer Ito Wd Sahakari Mandli Ltd, Tal. Vs. 1(2)(1), It-Office, New Aayakar Gondal Dist. Rajkot- Bhawan, Gujarat -360311 Vatiaka, Rajkot, Gujarat-360311 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadts1202P (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri R. K. Doshi, Ld. Ar Respondent By : Shri Ram Tiwari, Ld. Cit (Dr) Date Of Hearing : 30/07/2026 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 29.04.2026, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 147 R.W.S. 144 Of The Act, Dated 30.03.2023. Ita No.942-Rjt-2026 [ Ay 2018-19 ] Shri Khadadhar Juth Seva Sahakari Mandli Ltd V. Ito

For Appellant: Shri R. K. Doshi, Ld. ARFor Respondent: Shri Ram Tiwari, Ld. CIT (DR)
Section 144Section 147Section 250

Rasikbhai Sojitra, Jamnagar vs. Income Tax Officer, Ward 1 (2), Jamnagar

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

ITA 736/RJT/2026[2019-20]Status: DisposedITAT Rajkot28 Aug 2026AY 2019-20

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकर अपील सं./Ita No. 736/Rjt/2026 [ "नधा"रण वष"/Assessment Year: 2019-20 ] Rasikbhai Sojitra, Income Tax Officer, Main Road, At- Dared, Vs. Ward 1 (2), Jamnagar, Ta-Jamnagar, Dist- Jamnagar- Aaykar Bhavan, Jamnagar, Gujarat-361012 Gujarat-361008 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Cwfps0462M (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri P. V. Kachchdiya, Ld. Ar Respondent By : Shri Ram Tiwari, Ld. Sr. Dr Date Of Hearing : 30/07/2026 Date Of Pronouncement : 28/08/2026 : Order : Per, Dr. Arjun Lal Saini, Am: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 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 11.03.2026, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 147 R.W.S. 144 Of The Act, Dated 20.03.2024. 2. At The Outset, Ld. Counsel For The Assessee Submitted That Assessee Did Not Submit The Entire Documents & Evidences Before The Assessing Officer As Well

For Appellant: Shri P. V. Kachchdiya, Ld. ARFor Respondent: Shri Ram Tiwari, Ld. Sr. DR
Section 147Section 250

Prashant Vrajlal Kava, Rajkot vs. Income Tax Office Ward - 1(2)(1), Rajkot

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

ITA 273/RJT/2026[2019-20]Status: DisposedITAT Rajkot28 Aug 2026AY 2019-20

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 273/Rjt/2026 ("नधा"रणवष"/Assessment Year: (2019-20) Prashant Vrajlal Kava The Ito Ward - 1(2)(1), Flat No. 301, 3Rd Floor, Rajkot Vs. City Palace Appartment 3, Aaykar Bhavan, Race Course Gunatit Nagar, Street No. 9, Ring Road, Rajkot Gujarat Behind Doshi Hospital, 360001 Rajkot - 360 002 Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Bbspk4819D (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Kardam Joshi, Ld. Ar Respondent By : Shri Ganesh Iyer, Ld. Sr. Dr Date Of Hearing : 15/07/2026 Date Of Pronouncement : 28/08/2026 Order Dr. Arjun Lal Saini, Am: Captioned Appeal Filed By The Revenue, 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 08.12.2025, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 147 Of The Act, Dated 16.03.2024. Prashant Vrajlal Kava

For Appellant: Shri Kardam Joshi, Ld. ARFor Respondent: Shri Ganesh Iyer, Ld. Sr. DR
Section 147Section 250

Dilipsinh Ranmalsinhji Jadeja, Jamnagar, Gujarat vs. Income Tax Officer, Ward 2(10), Jamnagar

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

ITA 867/RJT/2025[2019-20]Status: DisposedITAT Rajkot28 Aug 2026AY 2019-20

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 867/Rjt/2025 [ "नधा"रणवष"/Assessment Year: 2019-20 ] Dilipbhai Ranmalsinhji Jadeja Income Tax Officer, Tenament No. 8910, Mahavir Ward 2 (10) Vs. Nagar, Ranjitsagar, Jamnagar Aayakar Bhawan,Jamnagar Gujrat 361001 Gujrat 361001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Badpb1665E (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Sagar Shah, Ld. Ar Respondent By : Shri Sanjay Kumar, Ld. Cit Dr Date Of Hearing : 03/08/2026 28/08/2026 Date Of Pronouncement : Order 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 13.06.2025, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 147 R.W.S. 144 Read With Section 144B Of The Act, Dated 01.03.2024. 2. When The Matter Was Called For Hearing, The Learned Counsel For The Assessee At The Outset Submitted That The Appeal Has Been Filed Dilipbhai Ranmalsinhji Jadeja

For Appellant: Shri Sagar Shah, Ld. ARFor Respondent: Shri Sanjay Kumar, Ld. CIT DR
Section 144BSection 147Section 250