← All Phrases

“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)

Shree Raj Foundation, Mum vs. DDIT (E)-I(2), Mum

In the result, the appeal of the assessee is allowed

ITA 18/MUM/2023[2009-10]Status: DisposedITAT Mumbai18 Jul 2023AY 2009-10

Bench: Shri Aby T. Varkey, Jm & Shri Om Prakash Kant, Am आयकर अपील सं/ I.T.A. No.18/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2009-10) Shree Raj Foundation बिधम/ Ddit(E)-1(2) 201, 2Nd Floor, Krishna [Now Ito (Exem), Ward- Vs. Kunj, Vl Mehta Rd, Jvpd 2(3), Mumbai] Scheme, Vile Parle (W), Income Tax Office, Mumbai-400056. Mtnl Building, Peddar Road, Mumbai-400026. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aadts9658M (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Paresh Shaparia Revenue By: Shri Anil Kumar Das (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 30/06/2023 घोषणा की तारीख /Date Of Pronouncement: 18/07/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Foundation Against The Order Of The Ld. Commissioner Of Income Tax/Nfac, Delhi Dated 02.12.2022 For Assessment Year 2009-10. 2. At The Outset, The Ld. Ar Of The Assessee Has Challenged The Action Of The Ao Re-Opening The Assessment Of Ay 2009-10 U/S 147 Of The Income Tax Act, 1961 (Hereinafter “The Act”) Without Following The Binding Decision Of The Hon’Ble Supreme Court In The Case Of Gkn Driveshafts (India) Ltd. Vs. Ito (Sc) (259 Itr 19) & Jurisdictional High Court Decision In The Case Of Fomento Resorts Hotels Ltd Vs. Acit (238 Itr 38) (Bom) & Asian Paints Ltd. Vs. Dcit (2008) (296 Itr 90) (Bom). 3. The Facts Relevant To The Legal Issue Are That The Assessee Had Filed Its Return Of Income On 30.09.2009 Along With The Income & Expenditure Account, Balance-Sheet & Audit Report In Form No. 10B

For Appellant: Shri Paresh ShapariaFor Respondent: Shri Anil Kumar Das (Sr. AR)
Section 11Section 12ASection 143(3)Section 147Section 148

IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI ABY T. VARKEY, JM AND SHRI OM PRAKASH KANT

Suraj Air Flow Engineers, Mumbai vs. The Assistant Commissioner of Income Tax, Circle-22(3), Mumbai

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

ITA 1386/MUM/2023[2014-2015]Status: DisposedITAT Mumbai18 Jul 2023AY 2014-2015

Bench: Shri Aby T Varkey & Shri Amarjit Singhsuraj Air Flow Engineers Vs. The Acit, Circle 22(3) 4, Ground Floor, Room No. 322, 3 Rd Floor, Akashdeep, 1St Road, T.P. Piramal Chambers, S. Vi, Santacruz (W) Lalbaug, Mumbai – 400 054 Mumbai – 400 012 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aacfs4159E Appellant .. Respondent [ Appellant By : None Respondent By : Suresh D. Gaikwad Date Of Hearing 10.07.2023 Date Of Pronouncement 18.07.2023 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assesse Is Directed Against The Order Passed By The Ld. Cit(A) Nfac, Dated 16.03.2023 For A.Y. 2014-15. The Assessee Has Raised The Following Grounds Before Us: “(A) Addition On Account Of Alleged Cash Credits- Rs.77,80,000/- 1. The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac) [Cit(A)] Erred On Facts & In Law In Confirming The Addition Made By The Assistant Commissioner Of Income Tax, Circle - 22(3), Mumbai (Ao) Of Rs.77,80,000/- On Account Of Alleged Cash Credits By Holding That The Appellant Did Not File Application For Admitting The Additional Evidences By Providing Reasonable Cause To Admit The Same. 2. The Learned Cit(A) Erred On Facts & In Law In Not Invoking The Powers Vested In Him Under Section 250(4) While Not Considering The Additional Evidences Furnished By The Appellant.

For Appellant: NoneFor Respondent: Suresh D. Gaikwad
Section 133(6)Section 143(2)Section 143(3)Section 250(4)Section 68

P a g e | 1 Suraj Air Flow Engineers VS. The ACIT, Circle 22(3) IN THE INCOME TAX APPELLATE

Samco Securities Limited, Mumbai vs. CIT (A) NFAC, Delhi

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

ITA 1328/MUM/2023[2016-17]Status: DisposedITAT Mumbai18 Jul 2023AY 2016-17

Bench: Shri Aby T Varkey & Shri Amarjit Singhsamco Securities Ltd. Vs. National Faceless Appeal A/1004, Naman Midtown, Centre (Nfac) Senapati Bapat Road, Prabhadevi Mumbai – 400013 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaics2455A Appellant .. Respondent [ Appellant By : None Respondent By : Ram Krishna Kedia Date Of Hearing 06.07.2023 Date Of Pronouncement 18.07.2023 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assesse Is Directed Against The Order Passed By The Nfac, Delhi, Dated 20.02.2023 For A.Y. 2016-17. The Assessee Has Raised The Following Grounds Before Us: “1. On Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Confirming Disallowance U/S. 14A Of Rs. 1,51,214/- Made By The Ld Ao, Without Appreciating Facts, Submissions & Evidences In Proper Perspective & Without Assigning Any Proper Reasons 2. On Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Passing Order Which Is Bad In Law & Violating The Principle Of Natural Justice As Ld Cit(A) Passed Order Without Giving Opportunity Of Virtual Online Hearing & Also Without Disposing Ground No. 3 Of Appeal Regarding "Assessment Order Contrary To The Principle Of Natural Justice".

For Appellant: NoneFor Respondent: Ram Krishna Kedia
Section 10(34)Section 143(3)Section 14A

P a g e | 1 Samco Securities Ltd. Vs. NFAC IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE