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

Deputy Commissioner of Income-Tax Corporate Circle-1, Coimbatore vs. Shri. Somanur Ramaswamy Bhoopathy, Coimbatore

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

ITA 4133/CHNY/2025[2016]Status: DisposedITAT Chennai17 Mar 2026

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं/.Ita No.:4133/Chny/2025 "नधा"रण वष" / Assessment Year: 2016-17 Dcit, Shri. Somanur Ramaswamy Corporate Circle – 1, Vs. Bhoopathy, Coimbatore. 21, New Lorry Stand, South Ukkadam, Coimbatore – 641 001. [Pan:Adopb-4129-L] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Mr. Aroon Praasad, Addl. Cit ""यथ" क" ओर से/Respondent By : Mr. Gokul Raj, Advocate सुनवाई क" तार"ख/Date Of Hearing : 26.02.2026 घोषणा क" तार"ख/Date Of Pronouncement : 17.03.2026 आदेश/ O R D E R Per S. R. Raghunatha, Am: This Appeal By The Assessee Is Arising Out Of The Order Dated 28.10.2025, Passed By The Learned Commissioner Of Income Tax (Appeal), Nfac, Delhi (In Short “Ld.Cit(A)”) For The Assessment Year (A.Y) 2016-17 Against The Order U/S.147 R.W.S.144B Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By The Ao, Nfac, Delhi Dated 13.03.2024. 2. Brief Facts Of The Case Are That The Assessee Is An Individual Engaged In The Business Of Hiring Passenger Vehicles. The Assessee Had Not Filed His Return Of Income For A.Y.2016-17 As Per Section 139 Of The Act. Based On The Information

For Appellant: Mr. Aroon Praasad, Addl. CITFor Respondent: Mr. Gokul Raj, Advocate
Section 139Section 147Section 148Section 251(1)(a)

Kamini Velmurugan, Mumbai vs. Income Tax Officer, Mumbai

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

ITA 478/MUM/2026[2016-17]Status: DisposedITAT Mumbai17 Mar 2026AY 2016-17

Bench: Shri Vikram Singh Yadav & Ms. Kavitha Rajagopalassessment Year : 2016-17 Kamini Velmurugan, Income Tax Officer, 18/369, Rajeshwari Chs, Ward-42(2)(3), Subhasnagar, Vs. Kautilya Bhavan, Mumbai-400071. Mumbai-400051. Pan : Agzpn9256A (Appellant) (Respondent) For Assessee : Ms. Sailee Gujarathi For Revenue : Shri Aditya Rai, Sr.Dr Date Of Hearing : 04-03-2026 Date Of Pronouncement : 17-03-2026 O R D E R Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-National Faceless Appeal Centre (Nfac), Delhi [„Ld.Cit(A)‟], Dated 19-11-2025, Pertaining To Assessment Year (Ay) 2016-17. 2. Briefly, The Facts Of The Case Are That The Assessment In This Case Was Completed U/S. 147 R.W.S. 144 R.W.S. 144B Of The Income Tax Act, 1961 („The Act‟), Vide Order Dt. 12-12-2023, Wherein The Ao Has Brought To Tax A Sum Of Rs. 42,50,000/- As Short Term Capital Gains U/S. 45 Of The Act In Absence Of Any Explanation/Evidences Submitted By The Assessee In Respect Of Sale Of Immoveable Property As Well As Cost Of Acquisition. The 2 Assessee Thereafter Carried The Matter In Appeal Before The Ld.Cit(A), Who Has Since Dismissed The Appeal On Account Of Delayed Filing & Against The Said Order, The Assessee Is In Appeal Before Us.

For Appellant: Ms. Sailee GujarathiFor Respondent: Shri Aditya Rai, Sr.DR
Section 147Section 45Section 45(1)

Sophia Mushtaq Panirwala, G T Road Mumbai vs. ACIT, Assessment Unit, NFAC

ITA 7242/MUM/2025[2020-21]Status: DisposedITAT Mumbai17 Mar 2026AY 2020-21

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2020-21 Sophia Mushtaq Panirwala Vs Assistant Commissioner Of 7-D Billimoria Hosg, Income Tax, Proctor Road, Grant Road, Assessment Unit, Nfac, Mumbai - 400007 New Delhi - 110002 (Pan: Aigpp2287C) Appellant Respondent Present For: Assessee By : Shri Prakash Jhujhunwala, Ca Revenue By : Shri Pradipsinh Saktavat, Sr. Dr Date Of Hearing : 26.02.2026 Date Of Pronouncement : 17.03.2026 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of National Faceless Appeal Centre (Nfac), Delhi Vide Order No. Itba/Nfac/S/250/2025-26/1080505962(1) Dated 10.09.2025 Passed Against The Assessment Order U/S. 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 13.08.2022 For Ay 2020-21. 2. Grounds Taken By The Assessee Are Reproduced As Under: 1. “Whether The Id Cit-A,Nfac Was Justified By Passing The Order Without Affording Reasonable Opportunity Of Being Heard & Personal Hearing Despite The Admitted Facts That There Are So Many Glitches On Portal Resulting Details/Submissions Couldn'T Be Uploaded. 2. Whether The Ld Cit-A(Nfac) Was Justified By Upholding The Assessment Order On The Issue Of Invoking Section 56(2) On The Difference Of Rs.2,28,41,000/-Due To Stamp Valuation & Declared Consideration Without Considering The Nature

For Appellant: Shri Prakash Jhujhunwala, CAFor Respondent: Shri Pradipsinh Saktavat, Sr. DR
Section 115BSection 143(3)Section 56(2)Section 69