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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)

Nipro Pharmapackaging India Pvt. Ltd., Meerut vs. Pr, CIT, Ghaziabad

In the result, the appeal of the assessee is dismissed as ‘withdrawn

ITA 959/DEL/2022[2017-18]Status: DisposedITAT Delhi24 May 2023AY 2017-18

Bench: Shri C.M. Garg & Shri M. Balaganeshassessment Year: 2017-18 Nipro Pharmapackaging India Pvt. Ltd., Vs Pr. Cit, Plot No.76, Mawana Road, Ghaziabad. Vill. Fitkari, Meerut, Uttar Pradesh - 250 001. Pan: Aadcn1869Q (Applicant) (Respondent) Assessee By : Shri Raj Kumar, Advocate Revenue By : Ms Sarita Kumari, Cit, Dr Date Of Hearing : 22.05.2023 Date Of Pronouncement : 24.05.2023 Order Per M. Balaganesh, Am: This Appeal In Ita No.959/Del/2022 For Ay 2017-18 Arises Out Of The Order Of The Principal Commissioner Of Income Tax, Ghaziabad, [Hereinafter Referred To As ‘Ld. Pcit’, In Short] In Din & Order No.Itba/Rev/F/Rev5/2021-22/1042151326(1) Dated 30.03.2022 Against The Order Of Assessment Passed U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 28.12.2019 By The Ld. Assessing Officer, Circle 1(1)(1), Meerut (Hereinafter Referred To As ‘Ld. Ao’). 2. At The Time Of Hearing, The Ld. Ar Filed A Letter Dated 15.05.2023 Stating That The Assessee Seeks To Withdraw The Appeal Filed Before This Tribunal. For The Sake Of Convenience, The Said Letter Is Reproduced Hereunder:-

For Appellant: Shri Raj Kumar, AdvocateFor Respondent: Ms Sarita Kumari, CIT, DR
Section 143(3)

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : E : DELHI BEFORE SHRI C.M. GARG, JUDICIAL MEMBER AND SHRI M. BALAGANESH

Jps Plastics Private Limited, Meerut vs. DCIT, Circle-1(1)(1), Meerut

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

ITA 3053/DEL/2022[2017-18]Status: DisposedITAT Delhi24 May 2023AY 2017-18

Bench: Shri C.M. Garg & Shri M. Balaganeshassessment Year: 2017-18 Jps Plastics Private Limited, Vs Dcit, C/O M/S Akj & Associates, Circle-1(1)(1), Chartered Accountants, Meerut. 1St Floor, Deep Complex, Begum Bridge Road, Meerut, Uttar Pradesh - 250 001. Pan: Aaacj3433B (Applicant) (Respondent) Assessee By : Shri Arun Jain, Ca Revenue By : Shri Anuj Garg, Sr. Dr Date Of Hearing : 23.05.2023 Date Of Pronouncement : 24.05.2023 Order Per M. Balaganesh, Am: This Appeal In Ita No.3053/Del/2022 For Ay 2017-18 Arises Out Of The Order Of The Commissioner Of Income Tax (Appeals), Nfac, Delhi, [Hereinafter Referred To As ‘Ld. Cit(A)’, In Short] In Din & Order No.Itba/Nfac/S/250/2022-23/1047466981(1) Dated 17.11.2022 Against The Order Of Assessment Passed U/S 143(1) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 14.03.2019 By The Ld. Assessing Officer, Cpc, Bangalore (Hereinafter Referred To As ‘Ld. Ao’). 2. The Only Issue Raised By The Assessee Before Us Is That Whether The Ld.Cit(A) Was Justified In Deciding The Appeal Without Condoning The Delay In Filing Of The Appeal Before Him By 696 Days & Without Adjudicating The Issue On Merits.

For Appellant: Shri Arun Jain, CAFor Respondent: Shri Anuj Garg, Sr. DR
Section 143(1)Section 143(3)Section 32

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : C : DELHI BEFORE SHRI C.M. GARG, JUDICIAL MEMBER AND SHRI M. BALAGANESH