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

Jalpa Uttapal Patel, Ahmedabad vs. The Pr.CIT, Ahmedabad-1, Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 720/AHD/2025[2018-19]Status: DisposedITAT Ahmedabad23 Dec 2025AY 2018-19

Bench: Shri Sanjay Garg & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.720/Ahd/2025 िनधा"रण वष" /Assessment Year : 2018-19 Jalpa Uttapal Patel The Pr.Cit बनाम/ N Y Steel Corporation Ahmedabad-1 V/S. 6 Puja Apartment Ahmedabad – 380 015 Vrundavan Colony Opp. Sardar Patel Hospital Maninagar Ahmedabad – 380 008 "थायी लेखा सं./Pan: Baxpp 4020 K (अपीलाथ%/ Appellant) (&' यथ%/ Respondent) Assessee By : Shri Biren Shah, Ar Revenue By : Shri Sher Singh, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 30 /09/2025 घोषणा की तारीख /Date Of Pronouncement: 23/12/2025 आदेश/O R D E R Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Revision Order Passed By The Principal Commissioner Of Income Tax, Ahmedabad-1 (Hereinafter Referred To As “Pcit”) Dated 26/03/2025 U/S.263 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year (Ay) 2018-19. 2. The Assessee, In This Appeal, Has Contested The Very Exercise Of Revision Jurisdiction By The Ld. Pcit U/S.263 Of The Act. Jalpa Uttapal Patel Vs. Pcit Asst.Year : 2018-19 2

For Appellant: Shri Biren Shah, ARFor Respondent: Shri Sher Singh, CIT-DR
Section 143(1)Section 147Section 263Section 69C

Abishek Kumar Prasad, Siliguri vs. I.T.O., Ward - 1(1), Siliguri

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

ITA 2044/KOL/2025[2018-2019]Status: DisposedITAT Kolkata23 Dec 2025AY 2018-2019

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2018-19 Abhishek Kumar Prasad…………..………………….……….……….……Appellant Ward No.4, Hemanta Basu Colony, Near Vivekananda Hindi School, Siliguri, W.B – 734001.. [Pan: Cmspp3605A] Vs. Ito, Ward-1(1), Siliguri…………….…………………….....……...…..…..Respondent Appearances By: Shri Sujit Basu, Advocate, Appeared On Behalf Of The Appellant. Shri Pradeep Dung Dung, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 01, 2025 Date Of Pronouncing The Order : December 23, 2025 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 14.08.2025 Of The National Faceless Appeal Centre, Delhi [The ‘Cit(A)’] Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2018–19. 2. Brief Facts Of The Case Are That The Assessee Is An Individual. On The Information Received, The Assessing Officer Issued Notice U/S 133(6) Of The Act To The Assessee & On Perusal Of Submission Of The Assessee Along With Bank Account Statement, It Was Seen That The Assessee Disclosed Turnover Of Rs.52,14,340/- In His Tax Audit Report As Well As His Itr. The Assessee Filed His Return Of Income At The Returned Income Of Abhishek Kumar Prasad Rs. 3,50,488/- For The A.Y. 2018-19. However, The Total Deposits Amount In His Bank Account Was Found At Rs.1,06,74,737/-. After Considering The Submission Of The Assessee, Assessment Order U/S 147 Read With Section 144B Of The Act Was Passed By The Assessing Officer At Assessed Income Of Rs.62,10,831/- After Making Addition Of Rs.54,60,397/- On Account Of Undisclosed Transaction.

Section 133(6)Section 144BSection 147Section 148Section 250