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

Patil Ranajagjitsingh Padmasinha, Navi Mumbai vs. Income Tax Officer Ward 28(2)(1), Mumbai, Navi Mumbai

In the result, the quantum appeals of the assessee being ITA

ITA 4192/MUM/2026[2016-17]Status: DisposedITAT Mumbai24 Jun 2026AY 2016-17

Bench: Shri Saktijit Dey & Shri Makarand Vasant Mahadeokar1. Ita No. 4189/Mum/2026 (Assessment Year: 2015-16) 2. Ita No. 4190/Mum/2026 (Assessment Year: 2015-16) 3. Ita No. 4191/Mum/2026 (Assessment Year: 2016-17) 4. Ita No. 4192/Mum/2026 (Assessment Year: 2016-17) Patil Ranajagjitsingh Ito Padmasinha Huf It-Office, Vashi 101 Sagar Ratan, Indl Vs. Railway Station Premise, D-265 Midc Building, Navi Ttc, Ind Area, Mumbai-400 705 Turbhe, Navi Mumbai- 400 705 Pan/Gir No. Aabhp5884Q (Applicant) (Respondent) Assessee By Shri Rajendra Agiwal & Shri Suhas Kulkarni, Ld. Ars Revenue By Shree Kumar C., Ld. Dr Date Of Hearing 22.06.2026 Date Of Pronouncement 24.06.2026 आदेश / Order Per Makarand Vasant Mahadeokar, Am: These Four Appeals Filed By The Assessee Arise Out Of Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [Hereinafter Referred To As "Cit(A)"] For Assessment Years 2015-16 & 2016- 17. Since Common Facts & Interconnected Issues Are Involved, These Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience & Brevity. The Details Of Appeals Are As Under:

Section 142(1)Section 144Section 144BSection 147Section 148Section 148ASection 149Section 250Section 271(1)(c)

Patil Ranajagjitsingh Padmasinha, Navi Mumbai vs. Income Tax Officer Ward 28(2)(1), Mumbai, Navi Mumbai

In the result, the quantum appeals of the assessee being ITA

ITA 4191/MUM/2026[2016-17]Status: DisposedITAT Mumbai24 Jun 2026AY 2016-17

Bench: Shri Saktijit Dey & Shri Makarand Vasant Mahadeokar1. Ita No. 4189/Mum/2026 (Assessment Year: 2015-16) 2. Ita No. 4190/Mum/2026 (Assessment Year: 2015-16) 3. Ita No. 4191/Mum/2026 (Assessment Year: 2016-17) 4. Ita No. 4192/Mum/2026 (Assessment Year: 2016-17) Patil Ranajagjitsingh Ito Padmasinha Huf It-Office, Vashi 101 Sagar Ratan, Indl Vs. Railway Station Premise, D-265 Midc Building, Navi Ttc, Ind Area, Mumbai-400 705 Turbhe, Navi Mumbai- 400 705 Pan/Gir No. Aabhp5884Q (Applicant) (Respondent) Assessee By Shri Rajendra Agiwal & Shri Suhas Kulkarni, Ld. Ars Revenue By Shree Kumar C., Ld. Dr Date Of Hearing 22.06.2026 Date Of Pronouncement 24.06.2026 आदेश / Order Per Makarand Vasant Mahadeokar, Am: These Four Appeals Filed By The Assessee Arise Out Of Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [Hereinafter Referred To As "Cit(A)"] For Assessment Years 2015-16 & 2016- 17. Since Common Facts & Interconnected Issues Are Involved, These Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience & Brevity. The Details Of Appeals Are As Under:

Section 142(1)Section 144Section 144BSection 147Section 148Section 148ASection 149Section 250Section 271(1)(c)

Patil Ranajagjitsingh Padmasinha, Navi Mumbai vs. Income Tax Officer, Navi Mumbai

In the result, the quantum appeals of the assessee being ITA

ITA 4190/MUM/2026[2015-16]Status: DisposedITAT Mumbai24 Jun 2026AY 2015-16

Bench: Shri Saktijit Dey & Shri Makarand Vasant Mahadeokar1. Ita No. 4189/Mum/2026 (Assessment Year: 2015-16) 2. Ita No. 4190/Mum/2026 (Assessment Year: 2015-16) 3. Ita No. 4191/Mum/2026 (Assessment Year: 2016-17) 4. Ita No. 4192/Mum/2026 (Assessment Year: 2016-17) Patil Ranajagjitsingh Ito Padmasinha Huf It-Office, Vashi 101 Sagar Ratan, Indl Vs. Railway Station Premise, D-265 Midc Building, Navi Ttc, Ind Area, Mumbai-400 705 Turbhe, Navi Mumbai- 400 705 Pan/Gir No. Aabhp5884Q (Applicant) (Respondent) Assessee By Shri Rajendra Agiwal & Shri Suhas Kulkarni, Ld. Ars Revenue By Shree Kumar C., Ld. Dr Date Of Hearing 22.06.2026 Date Of Pronouncement 24.06.2026 आदेश / Order Per Makarand Vasant Mahadeokar, Am: These Four Appeals Filed By The Assessee Arise Out Of Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [Hereinafter Referred To As "Cit(A)"] For Assessment Years 2015-16 & 2016- 17. Since Common Facts & Interconnected Issues Are Involved, These Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience & Brevity. The Details Of Appeals Are As Under:

Section 142(1)Section 144Section 144BSection 147Section 148Section 148ASection 149Section 250Section 271(1)(c)

Patil Ranajagjitsingh Padmasinha HUF, Navi Mumbai vs. ITO, Navi Mumbai

In the result, the quantum appeals of the assessee being ITA

ITA 4189/MUM/2026[2015-16]Status: DisposedITAT Mumbai24 Jun 2026AY 2015-16

Bench: Shri Saktijit Dey & Shri Makarand Vasant Mahadeokar1. Ita No. 4189/Mum/2026 (Assessment Year: 2015-16) 2. Ita No. 4190/Mum/2026 (Assessment Year: 2015-16) 3. Ita No. 4191/Mum/2026 (Assessment Year: 2016-17) 4. Ita No. 4192/Mum/2026 (Assessment Year: 2016-17) Patil Ranajagjitsingh Ito Padmasinha Huf It-Office, Vashi 101 Sagar Ratan, Indl Vs. Railway Station Premise, D-265 Midc Building, Navi Ttc, Ind Area, Mumbai-400 705 Turbhe, Navi Mumbai- 400 705 Pan/Gir No. Aabhp5884Q (Applicant) (Respondent) Assessee By Shri Rajendra Agiwal & Shri Suhas Kulkarni, Ld. Ars Revenue By Shree Kumar C., Ld. Dr Date Of Hearing 22.06.2026 Date Of Pronouncement 24.06.2026 आदेश / Order Per Makarand Vasant Mahadeokar, Am: These Four Appeals Filed By The Assessee Arise Out Of Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [Hereinafter Referred To As "Cit(A)"] For Assessment Years 2015-16 & 2016- 17. Since Common Facts & Interconnected Issues Are Involved, These Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience & Brevity. The Details Of Appeals Are As Under:

Section 142(1)Section 144Section 144BSection 147Section 148Section 148ASection 149Section 250Section 271(1)(c)

ACIT-19(3), Mumbai vs. Star Brillian, Mumbai

In the result, appeal of the assessee is partly allowed

ITA 2392/MUM/2026[2008-09]Status: DisposedITAT Mumbai24 Jun 2026AY 2008-09

Bench: Shri Amit Shukla & Shri Prabhash Shankarm/S Star Brillian V/S. Asst. Commissioner Of Fw 1011, Bharat Diamond बनाम Income Tax –19(3) Bourse, Bandra Kurla Complex, 5Th Floor, Piramal Chambers, Bandra (East), Mumbai – Lalbaug, Parel, Mumbai – 400051, Maharashtra 400 012, Maharashtra स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aaafs3628J Appellant/अपीलाथी .. Respondent/प्रतिवादी Asst. Commissioner Of V/S. M/S Star Brillian Income Tax –19(3) बनाम Fw 1011, Bharat Diamond 5Th Floor, Piramal Chambers, Bourse, Bandra Kurla Complex, Lalbaug, Parel, Mumbai – Bandra (East), Mumbai – 400 012, Maharashtra 400051, Maharashtra स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aaafs3628J Appellant/अपीलाथी .. Respondent/प्रतिवादी Appellant By : Shri Dipesh Vora, Ar Respondent By : Shri Swapnil Choudhari (Sr. Dr) Date Of Hearing 19.05.2026 Date Of Pronouncement 24.06.2026 आदेश / O R D E R Per Prabhash Shankar [A.M.] :- The Above Captioned Appeal Has Been Preferred By The Assessee & Cross Appeal By The Revenue Against The Order Passed By The P A G E | 2

For Appellant: Shri Dipesh Vora, ARFor Respondent: Shri Swapnil Choudhari (Sr. DR)
Section 143(3)Section 147

M/S. Star Brillian, Mumbai vs. Asst. Commissioner of Income Tax 19(3), Mumbai

In the result, appeal of the assessee is partly allowed

ITA 1757/MUM/2026[2008-09]Status: DisposedITAT Mumbai24 Jun 2026AY 2008-09

Bench: Shri Amit Shukla & Shri Prabhash Shankarm/S Star Brillian V/S. Asst. Commissioner Of Fw 1011, Bharat Diamond बनाम Income Tax –19(3) Bourse, Bandra Kurla Complex, 5Th Floor, Piramal Chambers, Bandra (East), Mumbai – Lalbaug, Parel, Mumbai – 400051, Maharashtra 400 012, Maharashtra स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aaafs3628J Appellant/अपीलाथी .. Respondent/प्रतिवादी Asst. Commissioner Of V/S. M/S Star Brillian Income Tax –19(3) बनाम Fw 1011, Bharat Diamond 5Th Floor, Piramal Chambers, Bourse, Bandra Kurla Complex, Lalbaug, Parel, Mumbai – Bandra (East), Mumbai – 400 012, Maharashtra 400051, Maharashtra स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aaafs3628J Appellant/अपीलाथी .. Respondent/प्रतिवादी Appellant By : Shri Dipesh Vora, Ar Respondent By : Shri Swapnil Choudhari (Sr. Dr) Date Of Hearing 19.05.2026 Date Of Pronouncement 24.06.2026 आदेश / O R D E R Per Prabhash Shankar [A.M.] :- The Above Captioned Appeal Has Been Preferred By The Assessee & Cross Appeal By The Revenue Against The Order Passed By The P A G E | 2

For Appellant: Shri Dipesh Vora, ARFor Respondent: Shri Swapnil Choudhari (Sr. DR)
Section 143(3)Section 147