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“Section 143(3)”

Section References (mined)Section 143Section 143(3)45,044 judgments

The decision most relied on for Section 143(3) is National Thermal Power Co. Ltd. v. CIT (229 ITR 383), cited in 5,834 judgments on BharatTax.

Leading authorities on Section 143(3)

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.

CIT v. Vegetable Products Ltd.
88 ITR 192 · 1973 · Supreme Court
2,664
citing judgments

When two equally plausible interpretations of a taxing provision are possible, or when conflicting views exist from non-jurisdictional High Courts, the interpretation that favors the assessee must be adopted.

CIT v. Manjunatha Cotton & Ginning Factory
359 ITR 565 · 2013 · High Court
2,590
citing judgments

A penalty notice issued under section 274 read with section 271(1)(c) is invalid if it fails to specify whether the penalty proceedings are initiated for concealment of income or for furnishing inaccurate particulars of income. This non-specification vitiates the penalty proceedings.

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.

Judgments citing Section 143(3)

Rajiv Sharma, Nehru Place vs. Income Tax Officer, National Faceless Appeal Centre

In the result, the appeal of the Assessee is partly allowed

ITA 4356/DEL/2025[2023-2024]Status: DisposedITAT Delhi28 Jan 2026AY 2023-2024

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalrajiv Sharma, Income Tax Officer, 307, Vishalbhawa, Nehru Place, Nafc, Delhi. Delhi-110019. Vs. Pan-Boaps6272K (Appellant) (Respondent) Assessee By Shri Bhavesh Kumar, Ca Department By Shri Khitesh Gupta, Sr. Dr Date Of Hearing 27/11/2025 Date Of Pronouncement 27/11/2025 O R D E R Per Manish Agarwal, Am: The Present Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [‘Cit(A)’ In Short], Dated 09.06.2025 Passed U/S 250 Of The Income Tax Act, 1961 Arising Out Of Assessment Order Dated 12.03.2025 Passed U/S 143(3) R.W.S 144B Of The It Act For Assessment Year 2023-24. 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Filed His Return Of Income On 29.09.2025 Declaring Total Income Of Rs.53,62,490/-. The Assessee Is Engaged In The Business Of Sale & Purchase Of Computer Parts, Laptop & All Other Accessories Relating To Software & Hardware. The Case Of The Assessee Was Selected For Scrutiny Under Cass & The Assessment Was Completed By The Ao Wherein The Total Income Of The Assessee Was Computed At Rs.1,09,08,972/- By Making Rajiv Sharma Vs. Ito Disallowance @ 5% Out Of Total Purchase Of Rs.10,42,56,278/- & Further Disallowance @10% Out Of The Expenses Claimed At Rs.15,86,675/- Was Made As The Assesses Failed To Make Compliance Before The Ao & Further Failed To File Any Details.

Section 133(6)Section 143(3)Section 250Section 80C

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘A’: NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI