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

Aanya Realtors, Mumbai vs. Assessment Unit Income Tax Department / Income Tax Officer Ward -34(1)(1), Mumbai

In the result, appeal filed by the assessee is allowed

ITA 3636/MUM/2026[2015-2016]Status: DisposedITAT Mumbai07 Jul 2026AY 2015-2016

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2015-16 Aanya Realtors Assessment Unit Income Tax A-52, Dakshina Park, N S Department / Income Tax Road No. 10, Juhu Scheme, Officer, Ward -34(1)(1), Vs. Mumbai - 400049 Mumbai (Pan: Aatfa0781B) (Appellant) (Respondent) Present For: Assessee : Ms. Neelam Jadhav, Advocate Revenue : Smt. Sujatha Iyyanger, Sr. Dr Date Of Hearing : 01.07.2026 Date Of Pronouncement : 07.07.2026 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Cit(A)/National Faceless Appeal Centre (Nfac), Delhi Vide Order No. Itba/Nfac/S/250/2025-26/1084607226(1) Dated 09.01.2026, Passed Against The Assessment Order By Assessment Unit, U/S. 147 R.W.S. 144 R.W.S. 144B & Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 09.05.2023, For Assessment Year 2015- 16. 2.1. Assessee Vide Ground No.1 Before Us, Challenges The Impugned Reassessment Proceedings, Contesting That It Is Barred By The Limitation In View Of The Decision Of Hon'Ble Supreme Court In The Case Of Union Of 2 Aanya Realtors Ay 2015-16 India Vs. Rajeev Bansal [2024] 167 Taxmann.Com 70 (Sc). Since The Said Ground Of Appeal Goes To The Roots Of The Matter Being Jurisdictional Issue, The Same Is Taken Up For Adjudication. Merits Of The Case Have Not Been Argued Upon By Either Party Nor Any Submission Made To That Effect. Accordingly, We Draw Facts From The Records Relating To Said Legal Ground, Argued Before The Bench.

For Appellant: Ms. Neelam Jadhav, AdvocateFor Respondent: Smt. Sujatha Iyyanger, Sr. DR
Section 143(3)Section 147Section 148Section 149Section 149(1)(b)Section 3Section 3(1)Section 69A

Pyare Lal and Sons Jewellers, Delhi vs. DCIT, CC-26, Delhi

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

ITA 2644/DEL/2026[2020-21]Status: DisposedITAT Delhi07 Jul 2026AY 2020-21

Bench: Shri Mahavir Singh & Shri Manish Agarwalpyare Lal & Sons Commissioner Of Income Jewellers, Tax-29, New Delhi. Shop No.83, Aurbindo Vs. Place Market, Hauz Khas, New Delhi-110017. Pan-Aaefp9565B (Appellant) (Respondent) Assessee By Shri Anuj Jain, Ca Department By Ms. Lalita Kumar, Cit-Dr. Date Of Hearing 29/06/2026 29/06/2026 Date Of Pronouncement O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of Learned Commissioner Of Income Tax (Appeals)-29, New Delhi [Ld. Cit(A)] Dated 27.01.2026 U/S 250 Of The Income Tax Act, 1961 (“The Act” In Short) Arising Out Of The Assessment Order Passed U/S 147/144 Of The Act Dated 31.03.2014 For Assessment Year 2020-21. 2. From The Perusal Of The Appellate Order, It Is Seen That The Order Was Passed Ex- Parte By Ld. Cit(A) For Non-Prosecution. As The Assessee Has Not Filed Any Submissions With Regard To The Grounds Of Appeal Taken, Ld. Cit(A) Has No Left With No Other Option But To Confirm The Findings Given By The Ao. Pyare Lal & Sons Jewellers Vs. Dcit 3. Heard Both The Parties At Length & Perused The Material Available On Record. As Observed Above, That Though The Ld. Cit(A) Has Provided Three Opportunities, However, Assessee Has Filed To File Any Submissions/Reply/Evidences In Support Of The Grounds Of Appeal Taken. Thus, Looking To The Entirety Of Facts & The Circumstances & In The Interest Of Justice, All The Issues In The Appeal Are Restored Back To The File Of Ld. Cit(A) For Fresh Adjudication On Merits In Accordance With Law After Giving Opportunity Of Being Heard To The Assessee. The Assessee Is Also Directed To Participate In The Appellate Proceedings. With These Directions, The Appeal Of The Assessee Is Allowed For Statistical Purposes.

Section 147Section 250