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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)

Piyush R.Shah, Mumbai vs. PCIT-8, Mumbai

In the result, the appeal of the assessee is allowed

ITA 3207/MUM/2022[2015-16]Status: DisposedITAT Mumbai31 May 2023AY 2015-16

Bench: Shri Amit Shukla & Shri Amarjit Singhpiyush R Shah Vs. Pcit-8 1301, Piroj Palace, 152, Room No. 610, 6 Th Floor, L.N. Road, Matunga Aaykarbhavan, Maharashtra – 400014 M.K. Road Maharashtra – 400020 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aabps3962N Appellant .. Respondent Appellant By : Pradipkapasi Respondent By : K.C. Selvamani Date Of Hearing 25.05.2023 Date Of Pronouncement 31.05.2023 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assesse Is Directed Against The Order Passed By The Nfac, Delhi Dated 31.03.2022 For A.Y. 2015-16. The Assesse Has Raised The Following Grounds Before Us: “Ground No. 1: Invalid Order U/S. 263 (A) The Ld. Cit-8, Mumbai Erred In Law & On Facts In Passing An Order U/S. 263 For Revising The Assessment Order Passed U/S. 143(3) Dt. 20.12.2017. (B) Your Appellant Strongly Submits That Assessment Order U/S. 143(3) Dt. 20.12.2017 Was Passed After Adequate Enquiry & Consideration Of All Facts & In The Law On The Subject, Which Order Was Neither Erroneous Nor Prejudicial To The Interest Of The Revenue. (C) Your Appellant Pleads That The Said Order Passed U/S. 263 By The Ld. Cit- 8, Mumbai Be Quashed & Set Aside As It Is Bad In Law. Ground No. 2: Order U/S. 263 Without Juridiction

For Appellant: PradipKapasiFor Respondent: K.C. Selvamani
Section 10Section 143(3)Section 154Section 263Section 68

P a g e | 1 Piyush R Shah Vs. PCIT-8 IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI

Dy Commissioner of Income Tax, 3(1), Mumbai vs. M/S Amrit Sales Promotion Pvt Ltd, Mumbai

In the result, the appeal filed by the Revenue is dismissed

ITA 1916/MUM/2022[2011-12]Status: DisposedITAT Mumbai31 May 2023AY 2011-12

Bench: Shri B. R. Baskaran, Am & Shri N. K. Choudhry, Jm आयकरअपीलसं./ I.T.A. No. 1916/Mum/2022 (िनधा"रणवष" / Assessment Year: 2011-12) Dcit, Cen. Cir. 3(1), M/S Amrit Sales Promotion R. No. 1923, 19Th Floor, Air Pvt. Ltd., बनाम/ India Building, Nariman Point, 20, Floor 10, 3 Navjivan Comm. Mumbai-400 021. Prem. Co-Operative Soc., Dr. D. Vs. B. Marg, Lamington Road, Mumbai-400 008 "थायीलेखासं./जीआइआरसं./Pan No. Aacca3220D (अपीलाथ"/Appellant) (""थ" / Respondent) : Appellant By : Smt. Shailja Rai, Ld. Dr Respondent By : Shri Karan Jain, Ld. Ar Date Of Hearing : 01.05.2023 Date Of Pronouncement : 31.05.2023 आदेश / O R D E R Per N. K. Choudhry: The Revenue Department/Appellant Herein Has Preferred This Appeal Against The Order Dated 30.05.2022 Impugned Herein, Passed By Ld. Commissioner Of Income Tax (Appeal)-51, Mumbai {In Short ‘Ld. Commissioner’} U/S 250 Of The Income Tax Act 1961 (In Short ‘The Act’) For Ay 2011-12. 2

For Appellant: Smt. Shailja Rai, Ld. DRFor Respondent: Shri Karan Jain, Ld. AR
Section 115JSection 132Section 143(3)Section 153CSection 250

IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SHRI B. R. BASKARAN, AM & SHRI N. K. CHOUDHRY, JM