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

Bhavani Gems, Mumbai vs. DCIT 16(3), Mumbai

In the result, the assessee’s appeals are allowed in part in terms indicated hereinabove

ITA 6436/MUM/2011[2006-07]Status: DisposedITAT Mumbai20 Jun 2016AY 2006-07

Bench: Shri R. C. Sharma & Shri Pawan Singhआयकर अपील सं./I.T.A. Nos.6436 & 6437/Mum/2011 ("नधा"रण वष" / Assessment Years: 2006-07 & 2007-08) M/S. Bhavani Gems, Dy. Cit-16(3), बनाम/ 101, Prasad Chambers, Mumbai M. P. Marg, Opera House, Vs. Mumbai-400 004 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaafb 2302 G (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Reepal Tralshawala ""यथ" क" ओर से/Respondent By : Dr. Sandeep Goel सुनवाई क" तार"ख / : 21.3.2016 Date Of Hearing घोषणा क" तार"ख / : 20.6.2016 Date Of Pronouncement आदेश / O R D E R Per R. C. Sharma, A. M.: These Are The Appeals Filed By The Assessee Against The Order By The Ld. Cit(A) For The Assessment Years (A.Ys.) 2006-07 & 2007-08, In The Matter Of Order Passed U/S.143(3) & 143 R/W S. 147 Of The Income Tax Act, 1961. 2. Common Grievance In Both The Years Pertain To Decline Of Claim Of Additional Depreciation. In The A.Y. 2006-07, Scrutiny Assessment Was Framed U/S.143(3), Wherein After Calling Details Of Plant & Machinery So Installed During The Year, The Assessing Officer Has Allowed The Assessee’S Claim Of Additional Deprecation. Thereafter The (A.Ys. 2006-07 & 2007-08) M/S. Bhavani Gems Vs. Dy. Cit Assessment Was Reopended On The Plea That As Per The Decision Of Hon’Ble Supreme Court In The Case Of Gem India Mfg. Co. [2001] 249 Itr 307 (Sc), Cutting & Polishing Of Diamonds Did Not Amount To Manufacture/Production. Accordingly, Additional Deprecation Was Disallowed & The Order Of Ao Was Confirmed By The Cit(A).

For Appellant: Shri Reepal TralshawalaFor Respondent: Dr. Sandeep Goel
Section 143(3)Section 80

Idbi Bank Ltd, Mumbai vs. ACIT Ltu, Mumbai

In the result, the assessee’s appeal is allowed

ITA 2193/MUM/2013[2004-05]Status: DisposedITAT Mumbai16 Jun 2016AY 2004-05

Bench: Shri R. C. Sharma & Shri Pawan Singhआयकर अपील सं./I.T.A. No. 2193/Mum/2013 ("नधा"रण वष" / Assessment Year: 2004-05) Idbi Bank Ltd. Asst. Cit, Large Tax Payers Unit, बनाम/ 28Th Floor, Centre-1, Wtc Complex, Idbi Tower, Wtc Complex, 7Th Floor, Taxation Cell, Cuffee Parade, Cuffe Parade, Mumbai-400 005 Vs. Mumbai-400 005 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaaci 1105 R (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Satish Modi ""यथ" क" ओर से/Respondent By : Shri B. C. S. Naik & Shri Bhanwar Singh Ratnoo सुनवाई क" तार"ख / : 16.3.2016 Date Of Hearing घोषणा क" तार"ख / : 16.6.2016 Date Of Pronouncement आदेश / O R D E R Per R. C. Sharma, A. M.: This Is An Appeal Filed By The Assessee Against The Order By The Ld. Cit(A)-24, Mumbai Dated 12.12.2012 For The Assessment Year (A.Y.) 2004-05, In The Matter Of Order Passed U/S.143(3) R/W S. 147 Of The Income Tax Act, 1961. 2. In The Ground So Raised, The Assessee Is Aggrieved For Reopening As Well As Merit Of The Disallowance Made U/S. 14A While Computing Book Profit U/S.115Jb Of The Act. The Assessee Is Also Aggrieved For Interest Levied U/S. 234D Of The Act.

For Appellant: Shri Satish ModiFor Respondent: Shri B. C. S. Naik &
Section 115JSection 143(1)Section 143(3)Section 147Section 14ASection 211Section 234DSection 40