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

Vinod Kumar, Mohali, Punjab vs. Income Tax Officer, Chandigarh

The appeal stands allowed for statistical purposes

ITA 37/CHANDI/2026[2015-2016]Status: DisposedITAT Chandigarh06 Jul 2026AY 2015-2016

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No.37/Chandi/2026 (िनधा"रणवष" / Assessment Year: 2015-16) Shri Vinod Kumar Ito Ghollumajra, Dera Bassi, Sas Nagar बनाम/ Vs. Ward – 5, Aaykar Bhawan Mohali, Punjab – 140506 Sector – 17, Chandigarh "ायीलेखासं./जीआइआरसं./Pan/Gir No. Dcxpk-2114-M (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Ms. Urbi Khanna (Advocate)&Sh. Anirudh Garg (Advocate) - Ld. Ars ""थ"कीओरसे/Respondent By : Dr. Ranjit Kaur (Addl. Cit) - Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 29-06-2026 घोषणाकीतारीख /Date Of Pronouncement 06-07-2026 : आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year(Ay) 2015-16 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Nfac [Cit(A)] Dated 17.10.2025 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S 147 R.W.S 144B Of The Act On 07.03.2024. The Registry Has Noted The Delay Of 8 Days Which Stand Condoned.

For Appellant: Ms. Urbi Khanna (Advocate)&Sh. AnirudhFor Respondent: Dr. Ranjit Kaur (Addl. CIT) - Ld. Sr. DR
Section 147

Late Sh Om Parkash Th. His Lrs(Son) Vikas Kumar, Jagadhri vs. ITO Ward 5, Yamuna Nagar

The appeal stands allowed for statistical purposes

ITA 582/CHANDI/2025[2011-2012]Status: DisposedITAT Chandigarh06 Jul 2026AY 2011-2012

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No.582/Chandi/2025 (िनधा"रणवष" / Assessment Year: 2011-12) Late Shri Om Prakash Ito Ward 5 (Through Lrs (Son) Sh. Vikas Kumar) Aaykar Bhawan, Sector – 17 बनाम/ H. No. 2942, Sector – 17 Huda, Jagadhri, Yamuna Nagar Vs. Huda Jagadhri, District – Yamunanagar Haryana - 135003 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Actpp-6886-C (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : None ""थ"कीओरसे/Respondent By : Dr. Ranjit Kaur (Addl. Cit) - Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 29-06-2026 घोषणाकीतारीख /Date Of Pronouncement 06-07-2026 : आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2011-12 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Nfac [Cit(A)] Dated 15.09.2023 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S 144/147 Of The Act On 07.12.2018. The Registry Has Noted The Delay Of 508 Days, The Condonation Of Which Has Been Sought By The Assessee. In The Assessment Order, Ld. Ao Made Addition Of Cash Deposit For Rs.62.57 Lacs On Best Judgment Basis. The Ld. Cit(A) Confirmed The Same For Want Of Any Representation From The Assessee. Aggrieved, The Assessee Is In Further Appeal Before Us. At The Time Of Hearing, None Appeared On Behalf Of Deceased Assessee & Ld. Sr. Dr Pleaded For Dismissal Of The Appeal. 2. Considering The Fact That The Assessee Has Left For Heavenly Abode, We Admit The Appeal & Restore The Appeal Back To The File Of Ld. Cit(A) For De Novo Adjudication With A Direction To The Legal Heirs To Plead & Prove The Case Of Deceased Assessee. 3. The Appeal Stands Allowed For Statistical Purposes. Order Pronounced On 06Th July, 2026

For Appellant: NoneFor Respondent: Dr. Ranjit Kaur (Addl. CIT) - Ld. Sr. DR
Section 144

Suman Rani, Karnal vs. Jao the Income Tax Officer Ward 3, Panchkula

The appeal stands allowed for statistical purpose

ITA 1760/CHANDI/2025[2016-2017]Status: DisposedITAT Chandigarh06 Jul 2026AY 2016-2017

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No.1760/Chandi/2025 (िनधा"रणवष" / Assessment Year: 2016-17) Smt. Suman Rani Ito Ward 3 W/O Matu Ram Panchkula - 134112 बनाम/ Vs. H.No.89, Gali No.2, Gandhi Nagar Karnal – 132001 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Bbnpr-7265-P (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Sudhir Sehgal (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Dr. Ranjit Kaur (Addl. Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 01-07-2026 घोषणाकीतारीख /Date Of Pronouncement 06-07-2026 : आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2016- 17Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Nfac [Cit(A)] Dated 01.12.2025In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S 147 R.W.S. 144B Of The Act On 08.02.2024. The Ld. Ar, At The Outset, Pleaded For Another Opportunity Of Hearing Before Lower Authorities On The Ground

For Appellant: Sh. Sudhir Sehgal (Advocate) – Ld. ARFor Respondent: Dr. Ranjit Kaur (Addl. CIT) – Ld. Sr. DR
Section 147