banner_ad

DOUBT!! SECTION 147 & 143(3)

Tax queries 1032 views 6 replies

Hello


This is with regard to assessment procedure under income escaping assessment u/s 147.

Can 147 assessment be initiated when regular assessment u/s 143(3) is pending for the same matters?

 

Thanks in advance

Replies (6)

No

Why would anybody initiate action u/s 147 when proceedings u/s 143(3) is pending?  It is not and cannot be done.  Do you have any specific case like that ?

No specific case as such. This is how i got confused! :

What if while doing 143(3) the AO comes across escaped income which is not referred to in the notice? He cant include it right.. What is the course of action for the AO then??

Hi " Member "

Got a specific case. CIT vs Smt Shakuntala Devi .. Punjab & Haryana Court

Originally posted by : Sowmya P K

No specific case as such. This is how i got confused! :

What if while doing 143(3) the AO comes across escaped income which is not referred to in the notice? He cant include it right.. What is the course of action for the AO then??

During the course of regular assessment, the AO is free to add any income which he feels is taxable but has not been shown as income by the assessee. 

If you happen to come across any notice u/s 143(2), you can see that it only requests the assessee to file documents in support of the return which he had filed and which is now under scrutiny.  There is no specific reason mentioned by the AO for taking up the case for scrutiny. 

Regarding the case of Shakuntala Devi, it is on an entirely different set of facts.  This is a case where instead of taking up the case for scrutiny u/s 143(2), the AO sought to issue notice u.s 147, which was upheld.  No comparision here.

Thank you :)


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
09 May 2026
Audit Manager

Kanna and Associates

Coimbatore

CA Inter

View Details
Company
26 April 2026
Chartered Accountant

Source HR

Mumbai

CA

View Details
Company
ARTICLESHIP 17 May 2026
CA Article /Trainee

Malik Sunil & co

New Delhi

CA Foundation

View Details
Company
29 April 2026
Associate - Audit, Tax & Compliance

Open Co Consulting LLP

New Delhi

B.Com

View Details
Company
02 May 2026
Experience Audit Manager

AGGARWAL SAMIR & CO

New Delhi

CA Inter

View Details
Company
14 May 2026
Senior Accounts Executive

Karan Gupta & Co.

New Delhi

Graduate (Any)

View Details
Company
11 May 2026
AUDIT INTERN

M/S K.K.KHANNA AND COMPANY

Noida

CA Foundation

View Details
Company
16 May 2026
Account & Audit Asst

RAHUL KHANDEBHARAD & ASSOCIATES

Nashik

B.Com

View Details