Section 43(3) of the Income Tax Act

Income-tax Act, 2025: ss.39, 41

Section 43(3) falls under section 43 of the Income-tax Act, 1961, which corresponds to section 39 (Computation of actual cost) and section 41 (Written down value of depreciable asset) of the Income-tax Act, 2025.

Read section 39 of the 2025 ActRead section 41 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 43(3) is 33 ITR 182 (SC). (ii) Investment Ltd. v. CIT (167 Taxmann 256), cited in 33 of the 42 judgments on BharatTax that turn on this section.

Leading authorities on Section 43(3)

33 ITR 182 (SC). (ii) Investment Ltd. v. CIT
167 Taxmann 256 · 2008 · High Court
33
citing judgments

An assessee has the liberty to adopt any recognized method of accounting, and income should be computed according to that system. Income Tax authorities cannot dictate the method of accounting or the valuation of work-in-progress.

77 ITR 533 (SC) (iii) MKB Asia (P.) Ltd. v. CIT
101 ITR 40 · 1975 · High Court
22
citing judgments

The court considers the application of Section 145 of the Income Tax Act regarding accounting methods and the implications of cancellation clauses in agreements, including compensation to lessees.

Commissioner of Income Tax v. Western India Paper and Paperboard Private Limited
189 ITR 309 · 1991 · High Court
21
citing judgments

Expenditure not allowable under Section 36(1)(iv) of the Income Tax Act may still be allowable under Section 37 of the Act, even if the Tribunal followed this decision.

167 Taxman 256 (Gau.) 35 (iv) JuggilalKamlaat Bankers v. CIT
75 Taxmann 335 · 1994 · High Court
21
citing judgments

An assessee is entitled to follow the cash basis of accounting if consistently adopted, especially in the initial year of commercial operations.

P.L. Ganapathi Rao & ANR. v. CIT
285 ITR 501 · 2006 · High Court
19
citing judgments

The case establishes that when a cash basis of accounting is followed, upfront premiums received in earlier years and accrued as income proportionately in a subsequent assessment year, cannot be subjected to tax in the impugned assessment year. Assessing Officers had accepted amortization of such income in earlier assessment years.

New Mangalore Port Trust v. ACIT, Circle-1(1), Mangalore
65 Taxmann.com 210 · 2016 · Reported
19
citing judgments

Upfront premium received for a concession or lease, which is non-refundable even upon premature termination, is considered a revenue receipt for tax purposes.

DCIT v. Cosmos Films Ltd.
24 Taxmann.com 189 · 2012 · High Court
15
citing judgments

An assessee is entitled to claim the balance 10% of additional depreciation in a subsequent assessment year, even before the insertion of specific provisos, if the machinery was put to use for less than 180 days in the first year.

Apollo Tyres Ltd. v. Asstt CIT
45 Taxmann.com 337 · 2014 · ITAT
15
citing judgments

An assessee is entitled to claim the remaining 10% of additional depreciation in a subsequent year.

Kerala State Coop. Mktg. Federation Ltd. v. CIT
5 SCC 48 · 1998 · Reported
12
citing judgments

Section 80P of the Income Tax Act is to be interpreted liberally to encourage the growth of the cooperative sector, rather than narrowly restricting its scope for exemptions.

Judgments on Section 43(3)

DCIT, Cir-11(1), Kolkata vs. M/S Bengal Beverages Pvt. Ltd., Kolkata

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

ITA 1218/KOL/2015[2010-2011]Status: DisposedITAT Kolkata06 Oct 2017AY 2010-2011

Bench: Shri A.T. Varkey, Jm & Dr. A.L.Saini, Am आयकरअपीलसं/.Ita No.1218/Kol/2015 (िनधा"रणवष" / Assessment Year : 2010-11 Dcit, Cir – 11(1), Kolkata Vs. M/S. Bengal Beverages Pvt. Ltd. P-7, Chowringhee Square, Kolkata – 700 069 6, Alipore Park Road, Alipore, Kolkata – 700 027 "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aabcb5984E (Revenue/Department) .. (Assessee) Assessee By : Shri S. K. Tulsiyan, Advocate Revenue/Department By : Shri R. P. Nag, Acit (Dr) सुनवाईक"तारीख /Date Of Hearing : 10/08/2017 घोषणाक"तारीख/Date Of Pronouncement: 06/10/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Revenue, Pertaining To Assessment Year 2010-11, Is Directed Against The Order Passed By The Ld. Commissioner Of Income Tax(Appeals)-4, Kolkata, In Appeal No. 502/Cit(A)-4/Circle-11/Kol/14- 15, Dated 06.07.2015, Which In Turn Arises Out Of An Order Passed By The Assessing Officer U/S 143(3) Of The Income Tax Act 1961, (Hereinafter Referred To As The ‘Act’), Dated 08.03.2013. 2. The Revenue Has Raised The Following Grounds Of Appeals: “That On The Facts & In The Circumstances Of The Case, Ld Cit(A) Has Erred In Deleting Disallowance Of Additional Depreciation Of Rs.90,56,200/- U/S 32(1) (Iia) Of The I.T.Act,1961, Relating To Visicooler Machine.”

For Appellant: Shri S. K. Tulsiyan, AdvocateFor Respondent: Shri R. P. Nag, ACIT (DR)
Section 143(3)Section 32(1)