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

Horrawala Kishan Sewa Sahkari Samiti Lamited Horrawala, Dehradun vs. I T O, Ward- 1 (1)(1), Dehradun

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

ITA 34/DDN/2026[2019-20]Status: DisposedITAT Dehradun12 Mar 2026AY 2019-20

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwal[Assessment Year : 2019-20] Horrawala Kisan Sewa Vs Ito Sahkari Samiti Limited Ward-1(1)(1) Horrawal, Dehradun, Dehradun Uttarakhand-248001 Uttarakhand Pan-Aagfh4362L Appellant Respondent Appellant By Shri Sushil Kumar, Adv. Respondent By Ms. Poonam Sharma, Cit Dr Date Of Hearing 11.03.2026 Date Of Pronouncement 12.03.2026 Order Per Bench: The Present Appeal Is Filed By Assessee Against The Order Dated 23.12.2025 Passed By Ld. Commissioner Of Income Tax (A)/Addl/Jcit(A)-1, Ahmedabad [“Ld. Cit(A)”] Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Assessment Order Dated 13.02.2024 Passed U/S 147 R.W.S. 144 R.W.S. 144B Of The Act Pertaining To Assessment Year 2019-20. 2. Heard The Contentions Of Both The Parties At Length & Perused The Material Available On Record. Both The Orders Of Ao As Well As Ld. Cit(A) Are Ex-Parte For The Reason Of Non-Prosecution On The Part Of The Assessee. Looking To The Facts Of The Case & In The Interest Of Justice, One More Opportunity Is Provided To The Assessee To Represent Its Case & Accordingly, Matter Is Restored To The File Of Ao To Pass The Order Denovo Afresh. The Assessee Is Directed To Participate In The Remand Proceedings Before The Ao & File All The Necessary Evidences To Substantiate The Source Of Cash Deposited Into Bank. With These Directions, All The Grounds Of Appeal Raised By The Assessee Are Allowed For Statistical Purposes.

Section 147Section 250

Kuldeep Gupta, Dehradun vs. DCIT, Dehradun

In the result, the appeal of the assessee is allowed

ITA 15/DDN/2026[2019-20]Status: DisposedITAT Dehradun12 Mar 2026AY 2019-20

Bench: Shri Mahavir Singh & Shri Manish Agarwal[Assessment Year : 2019-20] Kuldeep Gupta Vs Dcit 80/1, Saraswati Soni Marg, Central Circle Dehradun, Uttarakhand Dehradun Pan-Brgpg6310R Uttarakhand Appellant Respondent Appellant By Shri Gaurav Gupta Respondent By Ms. Poonam Sharma, Cit Dr Date Of Hearing 10.03.2026 Date Of Pronouncement 12.03.2026 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By Assessee Against The Order Dated 17.11.2025 By Ld. Commissioner Of Income Tax (A), Noida [“Ld.Cit(A)”] In Appeal No.Cit(Appeals), Nodia-3/10047/2018-19 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Assessment Order Dated 06.03.2024 Passed U/S 147 Of The Act Pertaining To Assessment Year 2019-20. 2. Brief Facts Of The Case Are That Based On The Documents Found During The Course Of Search Carried Out In The Case Of Shri Krishna Sharma & Smt. Sheetal Sharma On 02.02.2022, Case Of The Assessee Was Re-Opened U/S 147 Of The Act, Since As Per Seized Documents Titled As Page 6 & 7 Of Annexure A-2, It Is Found That Assessee Has Purchased Property Alongwith His Brother, Shri Gaurav Gupta For Which Payments Of Inr 15 Lakhs Was Made Though Cheque & Inr 12.50 Lakhs Was Paid In Cash. Accordingly, Ao Passed The Reassessment Order Dated 06.03.2024 U/S 147 By Making Addition Of Inr 6.25 Lakhs Being Assessee’S Share Of 50% In The Cash Payment As Undisclosed Investment U/S 69B R.W.S. 115Bb Of The Act & The Total Income Was Assessed At Inr 9,74,850/-.

Section 147Section 250Section 69B

Dehradun Club Limited, Dehradun vs. Additional / Joint / Deputy / Assistant Commissioner of Income Tax, Dehradun

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

ITA 251/DDN/2025[2017-18]Status: DisposedITAT Dehradun12 Mar 2026AY 2017-18

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwal[Assessment Year : 2017-18] Dehradun Club Limited Vs Addl.Cit/Dcit/ 15, New Survey Road, Asst.Cit, Dehradun, Uttarakhand Circle-1(1)(1), Pan-Aaacd8246L Dehradun Uttarakhand Appellant Respondent Appellant By Shri Maneesh Upneja, Ca Respondent By Ms. Poonam Sharma, Cit Dr Date Of Hearing 11.03.2026 Date Of Pronouncement 12.03.2026 Order Per Bench The Present Appeal Is Filed By Assessee Against The Order Dated 08.09.2025 By Ld. Commissioner Of Income Tax (A), Nfac, Delhi [“Ld.Cit(A)”] Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Assessment Order Dated 26.03.2022 Passed U/S 147 R.W.S. 144B Of The Act Pertaining To Assessment Year 2017-18. 2. Heard The Contentions Of Both Parties At Length & Perused The Material Available On Record. The Claim Of The Assessee Is That Cash Was Deposited In The Bank Account During Demonetization Period In Sbn Of Irn 39,50,000/- & The Immediate Source Of The Same Was Out Of The Receipts From Members. However, Neither Before Ao Nor Before Ld. Cit(A), Assessee Has Filed Necessary Details In Support Of This Contention. Thus, In The Interest Of Justice, One More Opportunity Is Provided To The Assessee & The Matter Is Restored To The File Of Ao With The Direction To Verify The Source Of Cash Deposited During The Demonetization Period. The Assessee Is Directed To File All The Necessary Evidences To Substantiate The Claim Made. With These Directions, The Appeal Filed By The Assessee Is Allowed For Statistical Purposes.

Section 147Section 250