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

Bipinbhai Maganbhai Virani, Bhavnagar vs. The Income Tax Officer Ward 1(10), Bhavnagar

The appeals of the assessee are allowed on this legal ground

ITA 505/AHD/2026[2017-18]Status: DisposedITAT Ahmedabad05 Aug 2026AY 2017-18

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं /Ita Nos.501 To 505/Ahd/2026 िनधा"रण वष" /Assessment Years : 2013-14 To 2017-18 Bipinbhai Maganbhai Virani, Ito Gaushala Shopping Centre, Dasha बनाम/ Ward-1(10), V/S. Junction, Tal: Gadhada, Dist: Botad, Bhavnagar Bhavnagar-364740 "थायी लेखा सं./Pan: Abwpv0623P (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri Akshay M Modi, Ar Revenue By : Shri Rajneesh Yadav, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 29/07/2026 घोषणा की तारीख /Date Of Pronouncement: 05/08/2026 आदेश/O R D E R Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals), [Hereinafter Referred To As ‘Ld. Cit(A)’] National Faceless Appeal Centre (In Short “Nfac”), Delhi Passed U/S. 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Years (Ays) 2013-14 To 2017-18 Respectively. 2. There Is A Delay In Filing The Present Appeals Ranging From 25 Days To 390 Days. Separate Applications For Condonation Of Delay Have Been Filed, Wherein, Negligence On The Part Of The Consultant Of The Assessee Has Been Alleged. Though, The Reasons Cited In The Said Applications Are Somewhat, General & Vague, However, Considering The Peculiar Facts & Circumstances Of The Case & In The Interests Of Justice, The Delay In Filing The Appeal Is Hereby Condoned.

For Appellant: Shri Akshay M Modi, ARFor Respondent: Shri Rajneesh Yadav, CIT-DR
Section 132Section 147Section 148Section 153ASection 153CSection 250

Bipinbhai Maganbhai Virani, Bhavnagar vs. The Income Tax Officer, Ward 1(10), Bhavnagar

The appeals of the assessee are allowed on this legal ground

ITA 504/AHD/2026[2016-17]Status: DisposedITAT Ahmedabad05 Aug 2026AY 2016-17

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं /Ita Nos.501 To 505/Ahd/2026 िनधा"रण वष" /Assessment Years : 2013-14 To 2017-18 Bipinbhai Maganbhai Virani, Ito Gaushala Shopping Centre, Dasha बनाम/ Ward-1(10), V/S. Junction, Tal: Gadhada, Dist: Botad, Bhavnagar Bhavnagar-364740 "थायी लेखा सं./Pan: Abwpv0623P (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri Akshay M Modi, Ar Revenue By : Shri Rajneesh Yadav, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 29/07/2026 घोषणा की तारीख /Date Of Pronouncement: 05/08/2026 आदेश/O R D E R Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals), [Hereinafter Referred To As ‘Ld. Cit(A)’] National Faceless Appeal Centre (In Short “Nfac”), Delhi Passed U/S. 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Years (Ays) 2013-14 To 2017-18 Respectively. 2. There Is A Delay In Filing The Present Appeals Ranging From 25 Days To 390 Days. Separate Applications For Condonation Of Delay Have Been Filed, Wherein, Negligence On The Part Of The Consultant Of The Assessee Has Been Alleged. Though, The Reasons Cited In The Said Applications Are Somewhat, General & Vague, However, Considering The Peculiar Facts & Circumstances Of The Case & In The Interests Of Justice, The Delay In Filing The Appeal Is Hereby Condoned.

For Appellant: Shri Akshay M Modi, ARFor Respondent: Shri Rajneesh Yadav, CIT-DR
Section 132Section 147Section 148Section 153ASection 153CSection 250

Bipinbhai Maganbhai Virani, Bhavnagar vs. The Income Tax Officer Ward 1(10), Bhavnagar

The appeals of the assessee are allowed on this legal ground

ITA 503/AHD/2026[2015-16]Status: DisposedITAT Ahmedabad05 Aug 2026AY 2015-16

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं /Ita Nos.501 To 505/Ahd/2026 िनधा"रण वष" /Assessment Years : 2013-14 To 2017-18 Bipinbhai Maganbhai Virani, Ito Gaushala Shopping Centre, Dasha बनाम/ Ward-1(10), V/S. Junction, Tal: Gadhada, Dist: Botad, Bhavnagar Bhavnagar-364740 "थायी लेखा सं./Pan: Abwpv0623P (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri Akshay M Modi, Ar Revenue By : Shri Rajneesh Yadav, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 29/07/2026 घोषणा की तारीख /Date Of Pronouncement: 05/08/2026 आदेश/O R D E R Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals), [Hereinafter Referred To As ‘Ld. Cit(A)’] National Faceless Appeal Centre (In Short “Nfac”), Delhi Passed U/S. 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Years (Ays) 2013-14 To 2017-18 Respectively. 2. There Is A Delay In Filing The Present Appeals Ranging From 25 Days To 390 Days. Separate Applications For Condonation Of Delay Have Been Filed, Wherein, Negligence On The Part Of The Consultant Of The Assessee Has Been Alleged. Though, The Reasons Cited In The Said Applications Are Somewhat, General & Vague, However, Considering The Peculiar Facts & Circumstances Of The Case & In The Interests Of Justice, The Delay In Filing The Appeal Is Hereby Condoned.

For Appellant: Shri Akshay M Modi, ARFor Respondent: Shri Rajneesh Yadav, CIT-DR
Section 132Section 147Section 148Section 153ASection 153CSection 250

Bipinbhai Maganbhai Virani, Bhavnagar vs. The Income Tax Officer Ward 1(10), Bhavnagar

The appeals of the assessee are allowed on this legal ground

ITA 502/AHD/2026[2014-15]Status: DisposedITAT Ahmedabad05 Aug 2026AY 2014-15

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं /Ita Nos.501 To 505/Ahd/2026 िनधा"रण वष" /Assessment Years : 2013-14 To 2017-18 Bipinbhai Maganbhai Virani, Ito Gaushala Shopping Centre, Dasha बनाम/ Ward-1(10), V/S. Junction, Tal: Gadhada, Dist: Botad, Bhavnagar Bhavnagar-364740 "थायी लेखा सं./Pan: Abwpv0623P (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri Akshay M Modi, Ar Revenue By : Shri Rajneesh Yadav, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 29/07/2026 घोषणा की तारीख /Date Of Pronouncement: 05/08/2026 आदेश/O R D E R Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals), [Hereinafter Referred To As ‘Ld. Cit(A)’] National Faceless Appeal Centre (In Short “Nfac”), Delhi Passed U/S. 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Years (Ays) 2013-14 To 2017-18 Respectively. 2. There Is A Delay In Filing The Present Appeals Ranging From 25 Days To 390 Days. Separate Applications For Condonation Of Delay Have Been Filed, Wherein, Negligence On The Part Of The Consultant Of The Assessee Has Been Alleged. Though, The Reasons Cited In The Said Applications Are Somewhat, General & Vague, However, Considering The Peculiar Facts & Circumstances Of The Case & In The Interests Of Justice, The Delay In Filing The Appeal Is Hereby Condoned.

For Appellant: Shri Akshay M Modi, ARFor Respondent: Shri Rajneesh Yadav, CIT-DR
Section 132Section 147Section 148Section 153ASection 153CSection 250

Bipinbhai Maganbhai Virani, Bhavnagar vs. The Income Tax Officer Ward 1(10), Bhavnagar

The appeals of the assessee are allowed on this legal ground

ITA 501/AHD/2026[2013-14]Status: DisposedITAT Ahmedabad05 Aug 2026AY 2013-14

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं /Ita Nos.501 To 505/Ahd/2026 िनधा"रण वष" /Assessment Years : 2013-14 To 2017-18 Bipinbhai Maganbhai Virani, Ito Gaushala Shopping Centre, Dasha बनाम/ Ward-1(10), V/S. Junction, Tal: Gadhada, Dist: Botad, Bhavnagar Bhavnagar-364740 "थायी लेखा सं./Pan: Abwpv0623P (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri Akshay M Modi, Ar Revenue By : Shri Rajneesh Yadav, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 29/07/2026 घोषणा की तारीख /Date Of Pronouncement: 05/08/2026 आदेश/O R D E R Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals), [Hereinafter Referred To As ‘Ld. Cit(A)’] National Faceless Appeal Centre (In Short “Nfac”), Delhi Passed U/S. 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Years (Ays) 2013-14 To 2017-18 Respectively. 2. There Is A Delay In Filing The Present Appeals Ranging From 25 Days To 390 Days. Separate Applications For Condonation Of Delay Have Been Filed, Wherein, Negligence On The Part Of The Consultant Of The Assessee Has Been Alleged. Though, The Reasons Cited In The Said Applications Are Somewhat, General & Vague, However, Considering The Peculiar Facts & Circumstances Of The Case & In The Interests Of Justice, The Delay In Filing The Appeal Is Hereby Condoned.

For Appellant: Shri Akshay M Modi, ARFor Respondent: Shri Rajneesh Yadav, CIT-DR
Section 132Section 147Section 148Section 153ASection 153CSection 250

Ashok Tiwari, Khatima vs. Income Tax Officer, Khatima

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

ITA 143/DDN/2026[2015-2016]Status: DisposedITAT Dehradun05 Aug 2026AY 2015-2016

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal[Through Virtual Mode] [Assessment Year : 2015-16] Ashok Tiwari Vs Ito Vill-Purnapur, Gandhi Khatima, Nagar, Khatima, Udham Udham Singh Nagar, Singh Nagar, Uttarakhand Uttarakhand-262308 Pan-Anopt4930H Appellant Respondent Assessee By Shri Amit Mishra, Adv. Revenue By Shri Amar Pal Singh, Jcit Dr Date Of Hearing 26.05.2026 Date Of Pronouncement 05.08.2026 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By The Assessee Against The Order Dated 26.03.2025 By Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld.Cit(A)”] In Appeal No. Nfac/2014-15/10270918 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising From The Assessment Order Dated 16.03.2023 Passed U/S 147 R.W.S. 144 R.W.S. 144B Of The Act Pertaining To Assessment Year 2015-16. 2. At The Outset, It Is Seen That The Appeal Of The Assessee Is Dismissed By The Ld. Cit(A) For Non-Prosecution. It Is Further Observed That That Various Notices Were Issued To The Assessee From Time To Time However, Compliance Was Made Either Before The Ao Or Before The Cit(A) To Justify His Claims. Before Us, The Ld. Ar For The Assessee Prayed That If One More Opportunity Is Provided, Assesse Will Submit All The Details & Submission Before The Ao. He Thus Prayed That The Matter Be Sent Back To The File Of The Ao For Fresh Adjudication.

Section 147Section 250