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

Shpl Enterprises Private Limited, Varanasi vs. ACIT, R - 1, Varanasi

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

ITA 31/VNS/2024[2014-2015]Status: DisposedITAT Varanasi30 Jun 2026AY 2014-2015

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2014-15 Shpl Enterprises Private Limited, Vs Acit, C-27/273, C-13, Indian Press Range-1, Varanasi Colony Maldahiya, Varanasi, Uttar Pradesh-221002 Pan: Aahcs6003K (Appellant) (Respondent) Assessee By: Sh. Vipul Khandhar, C.A. Revenue By: Sh. Sabayasachi Chakraborty, Sr. Dr Date Of Hearing: 12.05.2026 Date Of Pronouncement: 30.06.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A), Nfac Dated 27.12.2023, Passed Under Section 250 Of The Income Tax Act, 1961, Wherein The Ld. Cit(A) Has Dismissed The Appeal Of The Assessee Against The Orders Of The Ld. Assessing Officer Passed Under Section 147 R.W.S. 144B Of The Income Tax Act, 1961. The Grounds Of Appeal Are As Under:- “1. The Learned Ito Erred In Law & On Facts In Passing The Order U/S 147 R.W.S. 144B Of It Act, 1961 Which Is Requested To Be Quashed. 2. The Learned Ito Erred In Making Addition Of Rs.18687945/- Being Sale Consideration Of Penny Stock U/S 68 Of It Act, 1961. 3. The Learned Ito Erred In Making Addition Of Rs.373759/-Being Commission As Unexplained Expenditure U/S 69C Of The It Act, 1961.” 2. The Facts Of The Case Are That The Assessee Filed A Return Of Income On 11.11.2014 Declaring Total Income Of Rupees Nil & The Case Was Completed

For Appellant: Sh. Vipul Khandhar, C.AFor Respondent: Sh. Sabayasachi Chakraborty, Sr. DR
Section 143(3)Section 147Section 148Section 250Section 68Section 69C

Gaurav Tripathi, Gorakhpur vs. Dc/ACIT - 1, Gorakhpur

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

ITA 187/VNS/2024[2015-2016]Status: DisposedITAT Varanasi30 Jun 2026AY 2015-2016

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2015-16 Gaurav Tripathi, Vs Dc/Acit-1, 296, Rapti Nagar Phase 4, Gorakhpur Chargawan, Gorakhpur, (U.P.) 273001 Pan: Affpt3378G (Appellant) (Respondent) Assessee By: Sh. Sanchit Srivastava, Advocate Revenue By: Sh. Sabayasachi Chakraborty, Sr. Dr Date Of Hearing: 13.05.2026 Date Of Pronouncement: 30.06.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A), Nfac Dated 28.08.2024, Passed Under Section 250 Of The Income Tax Act, 1961, Wherein The Ld. Cit(A) Has Partly Allowed The Appeal Of The Assessee Against The Orders Passed By The Assessing Officer Of The Assessment Year 2015-16 Under Section 147 R.W.S. 144 R.W.S. 144B Of The Income Tax Act, 1961 On 25.03.2023. The Grounds Of Appeal Are As Under:- “1. That The Order Of Ld. Cit Appeals Dated Was Not In Accordance Of Law & Facts & Was Not Justified In Making Addition Of Rs 11,05,466/- As Unexplained Investment U/S 69 Out Of Rs 64,21,943/-Which Was Made From Legal Sources. 2. That The Order Of Ld. Cit Appeals Was Not In Accordance Of Law & Facts & Was Not Justified In Calculating Tax On Income On Gross Salary Over Rs. 19,82,362/Instead Of Net Salary (After Deductions) On Rs. 14,29,810/-. 3. That The Penalty Proceeding Under Section 271 (1) (C). 271 (1) (B) Maybe Stayed, Till The Disposal Of This Appeal.

For Appellant: Sh. Sanchit Srivastava, AdvocateFor Respondent: Sh. Sabayasachi Chakraborty, Sr. DR
Section 133(6)Section 147Section 148Section 148ASection 250Section 271Section 271(1)(c)Section 69

Manisha Sureshchandra Rajdev, Rajkot vs. Income Tax Officer, Ward 1(2)(1), Rajkot

ITA 254/RJT/2026[2019-20]Status: DisposedITAT Rajkot30 Jun 2026AY 2019-20

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 254/Rjt/2026 ("नधा"रणवष"/Assessment Year: (2019-20) Manish Sureshchandra Rajdev Income Tax Office Ward 1(2)1, Yogesh Kunj 3/1, Hansraj Nagar, Vs. It Office New Aayakar Behind Mahadev Temple, Near Bhavan, Vatiaka Rajkot Junction Plot, Rajkot Gujrat Gujrat 360001 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aiwpr3086P (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Vimal Desai, Ld. Ar Respondent By : Shri Gopi Nath Chubey, Ld. Sr. Dr Date Of Hearing : 23/06/2026 30/06/2026 Date Of Pronouncement : Order Per, Shri Sonjoy Sarma, Jm: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2019-20, Is Directed Against The Order Under Section-250 Of The Income- Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By The National Faceless Appeal Centre (Nac) Delhi/Commissioner Of Income-Tax (Appeals) [In Short ‘Nfac/Ld.Cit(A)’], Dated 19.12.2025, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 147 Of The Act, Dated 12.03.2024. Ita No.254/Rjt/2026 [ Ay 2019-20 ] Manish Sureshchandra Rajdev V. Ito

For Appellant: Shri Vimal Desai, Ld. ARFor Respondent: Shri Gopi Nath Chubey, Ld. Sr. DR
Section 115BSection 147Section 148Section 69

Kanzariya Kalidas Popatlal, Chotila vs. The ITO Ward 1, Surendranagar

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

ITA 193/RJT/2026[2013-14]Status: DisposedITAT Rajkot30 Jun 2026AY 2013-14

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 193/Rjt/2026 ("नधा"रणवष"/Assessment Year: (2013-14) Kalidas Popatbhai Kanjariya The Ipo, Ward 1, Surendranagar Gujrat 363001 Near Gurjar Prajapati Wad, Vs. Flvadi Thangadh Chotila Surendranagar Gujrat 36530 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Cfppk3840A (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri D. M. Rindani, Ld. Ar Respondent By : Shri Gopi Nath Chubey, Ld. Sr. Dr Date Of Hearing : 25/06/2026 30/06/2026 Date Of Pronouncement : Order Per, Shri Sonjoy Sarma, Jm: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2013-14, Is Directed Against The Order Under Section-250 Of The Income- Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By The National Faceless Appeal Centre (Nac) Delhi/Commissioner Of Income-Tax (Appeals) [In Short ‘Nfac/Ld.Cit(A)’], Dated 14.03.2023, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 144 R.W.S. 147 Of The Act, Dated 23.10.2018. Ita No.193/Rjt/2026 [ Ay 2013-14 ] Kalidas Popatbhai Kanjariya V. Ito

For Appellant: Shri D. M. Rindani, Ld. ARFor Respondent: Shri Gopi Nath Chubey, Ld. Sr. DR
Section 144Section 148