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

Toda Seva Sahkari Mandali Ltd, Toda vs. Income Tax Officer, Ward Amreli, Amreli

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

ITA 227/RJT/2026[2019-20]Status: DisposedITAT Rajkot12 Jun 2026AY 2019-20

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकर अपील सं./Ita No. 227/Rjt/2026 [ "नधा"रण वष"/Assessment Year: 2019-20 ] Toda Seva Sahakari, Mandali Ltd., Income Tax Officer, At Toda Tal Lathi, Dist. Amreli Ward-Amreli Vs. Gujarat-365430 Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaaat2457R (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Hitesh Khandesa, Ld. Ar Respondent By : Shri Anandi Dixit, Ld. Sr. Dr Date Of Hearing : 11/06/2026 Date Of Pronouncement : 12/06/2026 :: 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 Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short ‘Ld.Cit(A)/Nfac’], Dated 14.01.2026, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 147 Of The Act, Dated 23.02.2024. 2. Brief Facts Of The Case Are That Information Was Available With The Department Through The Insight Portal That The Assessee Had Not Filed Its Return Of Income For The Assessment Year Under Consideration Despite Having Entered Into Various Financial Transactions During The Financial Year 2018-19. On Verification Of The Available

For Appellant: Shri Hitesh Khandesa, Ld. ARFor Respondent: Shri Anandi Dixit, Ld. Sr. DR
Section 119(2)(b)Section 139(1)Section 147Section 148ASection 80P

Sonam Ceramics, Morbi vs. The Principal Commissioner of Income Tax-1, Rajkot

In the result, the appeal filed by the assessee is dismissed

ITA 245/RJT/2025[2016-17]Status: DisposedITAT Rajkot12 Jun 2026AY 2016-17

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकर अपील सं./Ita No. 245/Rjt/2025 [ "नधा"रण वष"/Assessment Year: 2016-17 ] Sonam Ceramics, The Principal Commissioner C/O. Sarda & Sarda (Ca), Sakar 1St Of Income Tax-1 Vs. Floor, Dr. Radha-Krishnan Road, 2Nd Floor, Aayakar Bhawan, Opp. Rajkumar College, Rajkot, Race Course Ring Road, Rajkot, Gujarat-360001 Rajkot, Gujarat-360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aamfs2901G (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Vimal Desai, Ld. Ar Respondent By : Shri Ravinder Sindhu, Ld. Sr. Dr Date Of Hearing : 11/06/2026 Date Of Pronouncement : 12/06/2026 :: Order :: Per, Shri Sonjoy Sarma, Jm: This Appeal Is Directed Against The Order Passed By The Learned Principal Commissioner Of Income Tax (Pcit) U/S 263 Of The Income-Tax Act, 1961 Dated 29.03.2024. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income In Response To Notice Issued U/S 148 Of The Act Declaring Total Income Of Rs.18,67,259. The Assessment Was Completed U/S 147 Read With Sections 144 & 144B Of The Act Vide Order Dated 17.02.2022 Accepting The Income Returned By The Assessee. Subsequently, On Examination Of The Records & Its Data, The

For Appellant: Shri Vimal Desai, Ld. ARFor Respondent: Shri Ravinder Sindhu, Ld. Sr. DR
Section 147Section 148Section 263Section 69A