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

Harindar Prasad, Ballia vs. National Faceless Assessment Centre, Delhi

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

ITA 169/VNS/2025[2017-2018]Status: DisposedITAT Varanasi31 Aug 2026AY 2017-2018

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2017-18 Harinder Prasad, Vs. Nfac, Delhi Kharicha Garwar Near Primary School, Ballia 277121, U.P. Pan: Btypp1376E (Appellant) (Respondent) Assessee By: Sh. Arvind Shukla, Adv Revenue By: Sh. Sudipta Paul, Sr. Dr Date Of Hearing: 07.08.2026 Date Of Pronouncement: 31.08.2026 O R D E R Per Nikhil Choudhary, Am: This Appeal Has Been Filed By The Assessee Against The Orders Of The Ld. Cit(A), Nfac Dated 26.03.2025, Wherein The Ld. Cit(A) Has Dismissed The Appeal Of The Assessee Against The Order Of The Ld. Assessing Officer Passed Under Section 147 R.W.S. 143(3) R.W.S. 144B For The A.Y. 2017-18 Dated 26.03.2022. The Grounds Of Appeal Are As Under: - “1. Because The Learned Cit(A) Has Erred In Law As Well As On Facts In Dismissing The Appeal Simply On The Point Of Imitation Without Addressing The Reasons For Condonation Of Delay Properly. 2. Because The Learned Cit(A) Has Failed To Appreciate That The High-Pitched Assessment Order Has Been Passed Simply On Conjectures & Surmises Without Appreciating The Submissions On Record & Also Without Giving Proper Opportunity Of Being Heard. 3. Because The Learned Ao As Well As The Learned Cit(A) Have Failed To Appreciate That The Computer Illiterate Rural Trader With Small Turnover Never Got Information About Notices Sent On Portal & Was Prevented Reasonable Responding.

For Appellant: Sh. Arvind Shukla, AdvFor Respondent: Sh. Sudipta Paul, Sr. DR
Section 147Section 148Section 44ASection 68Section 69ASection 80C

Mohd. Akmal, Mau vs. National Faceless Assessment Centre, Delhi

In the result, the appeal of the assessee is held to be allowed for statistical purpose

ITA 161/VNS/2025[2017-2018]Status: DisposedITAT Varanasi31 Aug 2026AY 2017-2018

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2017-18 Mohd Akmal, Vs. National Faceless Assessment Jummana Pura, Kopaganj, Mau- Centre (Nfac), Delhi 225305 Pan: Amupa0225D (Appellant) (Respondent) Assessee By: None Revenue By: Shri. Sudipta Paul, Sr. Dr Date Of Hearing: 06.08.2026 Date Of Pronouncement: 31.08.2026 O R D E R Per Nikhil Choudhary, Am: This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), Nfac Dated 17.06.2025 Wherein The Ld. Cit(A) Has Dismissed The Appeal Of The Assessee Against The Orders Of The Ld. Assessing Officer Passed Under Section 147 R.W.S. 144 For The Assessment Year 2017-18 On 13.02.2025. The Grounds Of Appeal Are As Under: - “(1) Ld. Cit(A) Erred In Law & On Facts In Dismissing The Appeal Solely For Non-Prosecution, Without Adjudicating On Merits Or Considering The Detailed Grounds & Facts Already On Record & Without Allowing Effective Opportunity Of Hearing, Contrary To The Principles Of Natural Justice. (2) In Any Case, It Is A Law Well Settled That Any Ex-Parte Order Passed Without Deciding The Merits Of The Objections Raised & Evidence Already On Record, Is Invalid & Liable To Be Quashed. (3) Proceedings Under Section 147 Have Neither Been Validly Initiated Nor Concluded In Accordance With The Provisions Of Law, Which Has The Effect Of Rendering The Assessment Order Dated 13.02.2025 As A Whole, Vitiated.

For Appellant: NoneFor Respondent: Shri. Sudipta Paul, Sr. DR
Section 144Section 147Section 148Section 148ASection 44ASection 69A

Dharmendra Kumar Pandey, Ghazipur vs. Income Tax Officer, Ward - 3(5), Ghazipur

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

ITA 218/VNS/2024[2018-2019]Status: DisposedITAT Varanasi31 Aug 2026AY 2018-2019

Bench: Hon’Ble Justice (Retd.) C.V. Bhadang & Sh. Nikhil Choudharya.Y.-2018-19 Dharmendra Kumar Pandey, 00, Vs. Income Tax Officer, Tilak Nagar Colony, Ghazipur, 3(5), Ghazipur 233001 Pan: Aufpp9026Q (Appellant) (Respondent) Assessee By: Sh. Dharmendra Tiwari, C.A. Revenue By: Sh. Deepak Yadav, Sr. Dr Date Of Hearing: 03.08.2026 Date Of Pronouncement: 31.08.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), Nfac Dated 30.07.2024, Wherein The Ld. Cit(A) Has Dismissed The Appeals Of The Assessee Against The Orders Passed By The Ld. Assessing Officer For The Assessment Year 2018-19, Under Section 147 R.W.S. 144 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”), Vide His Order Dated 30.07.2024. The Grounds Of Appeal Are As Under:- “1.That The Order Passed By The Learned Commissioner Of Income Tax (Appeals) Is Erroneous On The Fact & In The Law. 2. That On Facts & In Circumstances Of The Appellant'S Case, The Learned Commissioner Of Income Tax (Appeals) Erred Both In Facts & In Law In Upholding The Addition Of Rs. 10082100/- As Unexplained Income Of The Appellant, Made By The Assessing Officer Only On The Basis Of Conjectures & Surmises. Hence, The Appellate Order Is Liable To Be Set Aside For Fresh Consideration. 3. That The Learned Commissioner Of Income Tax (Appeals) Erred In Ignoring The Income Of The Appellant From His Business Income.

For Appellant: Sh. Dharmendra Tiwari, C.AFor Respondent: Sh. Deepak Yadav, Sr. DR
Section 147