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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)

Steel Abrasive Industries Ltd., Raipur vs. Deputy Commissioner of Income Tax, Circle-2(1), Raipur

In the result, appeal of the assessee is dismissed in terms of our aforesaid observations

ITA 96/RPR/2023[2011-12]Status: DisposedITAT Raipur10 Oct 2023AY 2011-12

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.96/Rpr/2023 "नधा"रण वष" /Assessment Year: 2011-12 Steel Abrasive Industries Ltd. Vs The Deputy Commissioner Of Income 301, Shyam Square Second Floor, Tax, Circle-2(1), Raipur (C.G.) Pandri, Raipur, Raipur-H.O, Raipur-492 001 Pan: Aagcs7905P (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri R.B Doshi, Ca राज"व क" ओर से /Revenue By : Shri Satya Prakash Sharma, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 26/09/2023 घोषणा क" तार"ख/Date Of Pronouncement : 10/10/2023 आदेश / O R D E R Per Arun Khodpia, Am : The Captioned Appeal Is Filed By The Assessee Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals), Nfac, Delhi, Dated 17.01.2023 Which In Turn Arises From The Order By Ld. Assessing Officer U/S 143(3) R.W.S. 263 Dated 30.09.2016 For A.Y.2011-12. The Grounds Of The Appeal Raised By The Assessee Are As Under: “1. Ld. Cit (Appeals) Has Erred In Confirming Addition Of Rs.1,13,20,940/- Made By Ao, On Account Of Alleged Suppression Of Production Of 467.32Mt. Ld. Cit(A) Erred In Upholding The Action Of Ao In Rejecting Rectification Application Filed By The Appellant. 2. The Impugned Addition Made By The Ld. A.O. Is Bad In Law, Illegal, Unjustified, Contrary To Facts & Law & Based Upon Recording Of Incorrect Facts & Finding, In Violation Of Principles Of Natural Justice & The Same Should Have Been Quashed By The Ld. Cit (Appeals). 3. The Appellant Reserves The Right To Amend, Modify Or Add Any Of The Ground/S Of Appeal.”

For Appellant: Shri R.B Doshi, CAFor Respondent: Shri Satya Prakash Sharma, Sr. DR
Section 143(2)Section 143(3)Section 154Section 263

section 143(2) on 30/03/2014 with nil demand. Thereafter, assessment proceeding was once again initiated under section 263. An order under section under section 143(3) r.w.s 263 was passed by the DCIT 2(1) Raipur. Now assessment was framed by learned A.O. after disallowing the Rs 1.13 crores

Mahesh Prasad Singh, Ambikapur vs. Principal Commissioner of Income Tax, Raipur-1, Raipur

In the result, appeal of the assessee is dismissed in terms of our aforesaid observations

ITA 196/RPR/2022[2011-12]Status: DisposedITAT Raipur10 Oct 2023AY 2011-12

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.196/Rpr/2022 "नधा"रण वष" /Assessment Year: 2011-12 Mahesh Prasad Singh Vs The Pr. Commissioner Of Income Tax, Vidyanagar, Sector-3, Raipur-1 Beside Sant Harkewal School, Ambikapur (C.G.)-497 001 Pan: Bbvps9072H (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri R.B Doshi, Ca राज"व क" ओर से /Revenue By : Shri Debashis Lahiri, Cit-Dr सुनवाई क" तार"ख / Date Of Hearing : 26.09.2023 घोषणा क" तार"ख/Date Of Pronouncement : 10/10/2023 आदेश / O R D E R Per Arun Khodpia, Am : The Captioned Appeal Is Filed By The Assessee Against The Order Passed By The Ld. Pr. Commissioner Of Income Tax, National Faceless Appeal Centre (Nfac), Delhi, Dated 18.03.2023 U/S 263 Of The Income Tax Act, 1961 (For Short ‘The Act’) For Ay 2011-12. The Grounds Of The Appeal Raised By The Assessee Are As Under: “1. Ld. Pr. Cit Erred In Invoking The Provisions Of Sec. 263 & In Setting Aside The Assessment Order For Fresh Enquiry. Order Passed U/S 263 Is Unsustainable & Is Passed Without Properly Appreciating The Facts & Evidences On Record. The Assessment Order Is Neither Erroneous Nor Prejudicial To The Interest Of Revenue. 2. The Appellant Reserves The Right To Add, Amend Or Modify Any Of The Ground/S Of Appeal.”

For Appellant: Shri R.B Doshi, CAFor Respondent: Shri Debashis Lahiri, CIT-DR
Section 139(1)Section 143(3)Section 263Section 44A

आयकर अपील"य अ"धकरण, रायपुर "यायपीठ, रायपुर IN THE INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH, RAIPUR "ी र"वश सूद