Does order under Section 147 supersedes the original order

In the original assessment order the Assessing officer has levied penalty under Section 271(1)(c) of the Act.  However, in the order passed under Section 147, no penalty is passed by the AO.

Does the order under Section 147 supersede the order passed under Section 143 or is the order just an extension of the original order?

Replies (3)

Both r to be dealt separately. 271(1)(c)  Penalty has to be dealt as per the assessment order passed u/s 143(3)

Do go through the article on sec 147.https://law.incometaxindia.gov.in/DitTaxmann/IncomeTaxActs/2009ITAct/%5B2004%5D140TAXMAN0016(BOM).HTM

In my case both the original assessment order and order under Section 147 have been passed by the AO only and not by the Commisioner.  Hence, the above cited judgment is not applicable in the present case.

Thanks

Normally the doctrine of merger will apply in this case. The orginal order will merge with the 147 order. But if the addition in the orginal order is continued in the 147 order, then the events which attracted the penalty remains unaltered and the AO can take a stand that Penalty proceedings and Asst proceedings are separate and therefore penalty stands. 

But if penalty is already levied but under appeal, this matter can be agitated in the appeal. If not file a revision before CIT.

Will have to research on case laws for thsi!!!

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 15 September 2026
Freelance Taxation Content Writer Intern

Interactive Media Pvt Ltd.

New Delhi

CA Inter

View Details
Company
30 September 2026
Senior Accountant

Codeboard Technology

Chennai

B.Com

View Details
Company
09 September 2026
Semi Qualified CA / CA Inter - 2 Groups Cleared

Getmyca Consultant Pvt Ltd

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 30 September 2026
CA Article Assistant

CA Suraj Garg & Associates

New Delhi

CA Final

View Details
Company
ARTICLESHIP 07 September 2026
Article/ Paid Assistant

Murali and Sumeet Chartered Accountant

Bengaluru

CA Foundation

View Details
Company
17 September 2026
Chartered Accountant

Dass Gupta & Associates

Gurgaon

CA

View Details
Company
18 September 2026
Accounts & Finance Specialist

ULTRA CHEMICAL WORKS

Thane

CA Final

View Details
Company
19 September 2026
Finance Manager

Mugdha Art Studio

Hyderabad

CA

View Details