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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)

Shri Chandulal Dahyabhai Zaloriya, Halvad, Dist. Morbi vs. The Pr. CIT-1, Rajkot

In the result, assessee’s appeal is allowed

ITA 165/RJT/2022[2017-18]Status: DisposedITAT Rajkot31 Oct 2023AY 2017-18

Bench: Smt.Annapurna Gupta & Ms. Madhumita Royआयकर अपील सं./I.T.A. No. 165/Rjt/2022 ("नधा"रण वष" / Assessment Year : 2017-18) Shri Chandulal Principal Commissioner बनाम/ Dahyabhai Zaloriya Of Income Tax Vs. C/O Patel Wire Agency, Rajkot-1 Station Road, Halvad, Dist. Morbi, Gujarat "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Acepp2130L .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Shri R. K. Takvani, A.R. अपीलाथ" ओर से /Appellant By : Shri Shramdeep Sinha, Sr.D.R. ""यथ" क" ओर से / Respondent By : सुनवाई क" तार"ख / Date Of 16/10/2023 Hearing घोषणा क" तार"ख /Date Of 31/10/2023 Pronouncement O R D E R Per Ms. Madhumita Roy - Jm: The Instant Appeal At The Instance Of The Assessee Is Directed Against The Order Dated 10.03.2022 Passed By The Principal Commissioner Of Income Tax, Rajkot-1 (In Short ‘Pcit’) Arising Out Of The Order Dated 10.12.2019 Passed By The Ito, Ward-2, Morbi Under Section 143(3) Of The Income Tax Act, 1961, (Hereinafter Referred To As ‘The Act’) For Assessment Year 2017-18. Ita No. 165/Rjt/2022 (Shri Chandulal Dahyabhai Zaloriya Vs. Pcit) A. Y. 2017-18 - 2- 2. We Have Heard The Rival Submissions Made By The Respective Parties & We Have Also Perused The Relevant Materials Available On Record.

For Appellant: Shri Shramdeep Sinha, Sr.D.R
Section 142(1)Section 143(2)Section 143(3)Section 263

Income Tax, Rajkot-1 (in short ‘PCIT’) arising out of the order dated 10.12.2019 passed by the ITO, Ward-2, Morbi under Section 143(3) of the Income Tax Act, 1961, (hereinafter referred to as ‘the Act’) for Assessment Year 2017-18. ITA No. 165/Rjt/2022 (Shri Chandulal Dahyabhai Zaloriya ... controvert such submissions made by the Ld. Counsel appearing for the assessee. 6. It is a fact that the order passed under Section 143(3) of the Act in limited scrutiny in respect of the issue of “share capital/capital” was finalized by the Ld. AO upon making requisite enquiry

Society for Govt. of Odisha Ashok Leyland Hmv Dti, Chhatia/AOP, Jajpur vs. ITO, Exemption, Cuttack

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

ITA 283/CTK/2023[2016-17]Status: DisposedITAT Cuttack30 Oct 2023AY 2016-17

Bench: Shri George Mathanआयकर अऩीऱ सं/Ita No.283/Ctk/2023 (ननधाारण वषा / Assessment Year :2016-2017) Society For Govt. Of Odisha Ashok Vs Ito (Exemption), Cuttack Leyland Hmv Driver Training Inst. Village: Vidyadharpur, Chhatia, Jajpur-754023 Pan No. :Aahas 8958 F (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri Samir Ranjan Dash, Advocate राजस्व की ओर से /Revenue By : Shri S.C.Mohanty, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 30/10/2023 घोषणा की तारीख/Date Of Pronouncement : 30/10/2023 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 12.06.2023, Passed In Din & Order No.Itba/Nfac/S/250/2023- 24/1053666783(1) For The Assessment Year 2016-2017. 2. It Was Submitted By Ld Ar That The Ld. Cit(A) Has Decided The Appeal Of The Assessee In A Very Casual Manner By Mentioning That Documents Were Not Submitted. It Was Submitted That Adequate Opportunities Have Not Been Granted To The Assessee. It Was Also Submitted That In The Original Order Passed U/S.143(3) Of The Act, There Was No Demand Raised On The Assessee. Subsequently, An Order U/S.154 Of The Act Was Passed On 17.12.2018 Without Issuing Show Cause Notice To The Assessee & Without Hearing The Assessee Wherein A Demand Has Been Raised. It Was The Submission That The Order Of The Ld. Cit(A) Is Liable To Be Set Aside As Also The Order Passed U/S.154 Of The Act Is Liable To Be Set Aside.

For Appellant: Shri Samir Ranjan Dash, AdvocateFor Respondent: Shri S.C.Mohanty, Sr. DR
Section 143(3)Section 154

आयकर अऩीऱीय अधधकरण, “एस.एम.सी” न्यायऩीठ,कटक IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH CUTTACK श्री जाजज माथन