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

Mulakh Raj Talwar, Delhi vs. ITO NFAC Ward 43 (3), New Delhi

The appeal is allowed for statistical purposes

ITA 1825/DEL/2026[2020-21]Status: DisposedITAT Delhi15 Jul 2026AY 2020-21

Bench: Shri Anubhav Sharma & Shri Sanjay Awathimulakh Raj Talwar Vs. Ito, (Nfac) J-6/91D, Rajouri Garden, Ward 43(3) New Delhi – 110027 New Delhi स्थायीलेखासं./जीआइआरसं./Pan/Gir No: Aagpr5874Q Appellant .. Respondent Appellant By : None Respondent By : Sh. Balkrishan Gopal, Sr. Dr Date Of Hearing 13.07.2026 Date Of Pronouncement 15.07.2026 O R D E R Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Order Dated 24.12.2025 Of The Ld. National Faceless Appeal Centre (Nfac) Delhi(Hereinafter Referred As Ld. First Appellate Authority Or In Short Ld. ‘Faa’) In Din & Order No: Itba/Nfac/S/250/2025-26/1084057497(1) Arising Out Of The Assessment Order Dated 26.02.2025 U/S 147R.W.S144B Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By Assessment Unit, Income Tax Department, For Ay: 2020-21. P A G E | 2 Mulakh Raj Talwar (Ay: 2020-21) 2. None Appeared For Assessee In Spite Of Notices. On Hearing Ld. Dr & On Perusal Of Impugned Orders We Find That The Nfac Had Mentioned Of Issuing Of Notices On 3 Occasions But Assesse Had Failed To Respond, Therefore, Exparte Order Was Passed. At The Same Time It Appears From Form 35, That Assessee Had Alleged That Notices Were Not Served At Stage Of Assessment & Grounds In That Regard Were Raised. Same Have Not Been Addressed By Ld. Cit(A) & On Merits Alone The Findings Are Given. We Find Ld. Ao Observes In Assessment Order Itself In Para 43.3 That Assessee Had Sought Adjournment But Thereafter No Reply Was Filed.

For Appellant: NoneFor Respondent: Sh. Balkrishan Gopal, Sr. DR
Section 147r