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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)

G S Automobiles Private Limited, Delhi vs. DCIT, Central Circle-6, Delhi

In the result, the appeal filed by the assessee is partly allowed

ITA 4289/DEL/2025[2015-16]Status: DisposedITAT Delhi30 Dec 2025AY 2015-16

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmang.S. Automobiles Private Limited, Vs. Dcit, Central Circle 6, B – 26, Okhla Industrial Area, Phase Ii, Delhi. Delhi – 110 020. (Pan : Aadcg1150B) (Appellant) (Respondent) Assessee By : Shri Neeraj Mangla, Ca Revenue By : Shri Jitender Singh, Cit Dr Date Of Hearing : 19.11.2025 Date Of Order : 30.12.2025 O R D E R Per S. Rifaur Rahman: 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income Tax (Appeals), Delhi – 24 [“Ld. Cit(A)”, For Short] Dated 19.06.2025 For The Assessment Year 2015-16 Raising Following Grounds Of Appeal :- “1. That The Orders Passed By Ld. Ao U/S 153C Of The Act As Well As Appellate Order Passed By Ld. Cit(A) Are Bad In Law & Are Passed In Contravention Of Prevailing Law As Well As Facts Of The Case, Therefore Liable To Be Annulled. 2. That Assumption Of Jurisdiction Of Ld. Ao In Consequence Of Order Passed By Ld. Pcit U/S 127(3) Of The Act Of The Act Is Illegal & Not Tenable Under The Law Because Of Said Order Being Mechanical & Being Passed

For Appellant: Shri Neeraj Mangla, CAFor Respondent: Shri Jitender Singh, CIT DR
Section 127(3)Section 153CSection 153DSection 68Section 69C

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘A’: NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER and SHRI

Sondex Wireline Ltd, United Kingdom vs. ACIT, Intl Taxation, Circle-3(1)(2), Delhi

In the result, appeal of the assessee is partly allowed

ITA 1959/DEL/2025[2022-23]Status: DisposedITAT Delhi30 Dec 2025AY 2022-23

Bench: Shri Vikas Awasthy & Shri M. Balaganeshआअसं.1959/धिल्ली/2025(नि.व. 2022-23) Sondex Wireline Ltd., Cody Technology Park, Builing X107, Range Road, Farnborough, Foreign, ...... अपीलार्थी/Appellant United Kingdom Gu14Ofg Pan Aaqcs-9766E बिाम Vs. Assistant Commissioner Of Income Tax, Circle International Tax 3(1)(2), Civic Centre, ..... प्रनिवादी/Respondent Minto Road, New Delhi 110002 अपीलार्थी द्वारा/ Appellant By : Shri Sachit Jolly, Sr. Advocate With S/Shri Sohum Dua, Abhudaya Shankar Bajpai (Through Vc) & Ms. Mansha Anand, Advocates प्रधिवािीद्वारा/Respondent By : Ms. Ekta Jain, Cit(Dr) सुिवाई की निथर्थ/ Date Of Hearing : 03/12/2025 घोषणा की निथर्थ/ Date Of Pronouncement : 03/12/2025 आदेश/Order Per Vikas Awasthy, Jm:

For Appellant: Shri Sachit Jolly, Sr. Advocate with S/Shri Sohum Dua, Abhudaya ShankarFor Respondent: Ms. Ekta Jain, CIT(DR)
Section 143(3)

आयकर अपीलीय अधिकरण धिल्ली पीठ “डी”, धिल्ली श्री विकास अिस्थी, न्याविक सदस्य एिं श्री एम. बालगणेश, लेखाकार सदस्य के समक्ष

Suresh Kumar Chawla, Kanta Khaturia Colony vs. ITO Ward 1(2), Income Tax Office

In the result, appeal of the assessee is dismissed

ITA 1101/DEL/2025[2020-21]Status: DisposedITAT Delhi30 Dec 2025AY 2020-21

Bench: Shri Mahavir Singh & Shri Manish Agarwalsuresh Kumar Chawla, Income Tax Officer, Kanta Khaturia Colony, Ward-1(2), B-43, Rajsthan-334001. Vs. Rajasthan. Pan-Adppc6555J (Appellant) (Respondent) Assessee By None Department By Shri Ajay Kumar Arora, Sr. Dr Date Of Hearing 19.12.2025 Date Of Pronouncement 30.12.2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, (‘The Cit(A)’ In Short) Dated 30.01.2025 Passed U/S 250 Of The Income Tax Act, 1961 In Appeal No. Nfac/2019-20/10171438 Against The Order Passed U/S 143(3) R.W.S 144B Of The Act Dated 16.09.2022 For Assessment Year 2020-21. 2. Heard The Ld. Sr. Dr & Perused The Materials Available On Record. It Is Prayed By The Assessee That Inadvertently Two Appeals Were Filed, One At The Original Jurisdiction Of The Assessee At Jodhpur Wherein The Appeal Filed By The Assessee Was Registered As Ita No.414/Jodh/2025 (A.Y.2020-21) & Due To Technical Error, The Other Appeal Is Filed Before The Delhi Benches Which Is Present Appeal Before Us. It Is Requested By The Assessee That The Appeal Be Transferred To Jodhpur Bench, Suresh Kumar Chawala Vs. Ito However, Looking To The Facts That The Correct Appeal Has Already Been Listed Before The Jodhpur Bench, Therefore, The Present Appeal Being Duplicate & Hereby Dismissed. The Assessee Is Directed To Pursue To Original Appeal Filed Before The Jodhpur Bench For The Captioned Assessment Year.

Section 143(3)Section 250

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’: NEW DELHI BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT AND SHRI MANISH

Prashant Soni, New Delhi vs. DCIT, Central Circle-7, Delhi

In the result, the appeal of the assessee is allowed

ITA 2612/DEL/2022[2015-16]Status: DisposedITAT Delhi30 Dec 2025AY 2015-16

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanprashant Soni, Vs. Dcit, Central Circle 7, M-50, First Floor, Delhi. Guru Harkishan Nagar, Sunder Vihar, New Delhi – 110 087. (Pan : Basps5961H) (Appellant) (Respondent) Assessee By : Shri Ankit Kumar, Advocate Revenue By : Shri Jitender Singh, Cit Dr Date Of Hearing : 17.11.2025 Date Of Order : 30.12.2025 O R D E R Per S.Rifaur Rahman: 1. This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)-24, New Delhi [Hereinafter Referred To As ‘Ld. Cit (A)] Dated 30.08.2022 For Assessment Year 2015-16. 2. At The Outset, Ld. Ar Of The Assessee Raised Legal Issue Relating To Assumption Of Jurisdiction Under Section 153C Of The Income-Tax Act, 1961 (For Short ‘The Act’) By Raising Ground Nos.1 & 2 Which Read As Under :- “1. On The Facts & Circumstances Of The Case, The Order Passed By The Ld. Ao & Impugned Order Passed By The Cit (A) Is Bad Both In The Eye Of Law & On Facts.

For Appellant: Shri Ankit Kumar, AdvocateFor Respondent: Shri Jitender Singh, CIT DR
Section 132Section 132(4)Section 153ASection 153BSection 153CSection 292C

section 153C of the Act is non-est in law and without jurisdiction and therefore the order passed u/s 153C read with section 143(3) of the Act deserves to be quashed as such and the appeal of the assessee be allowed. 13. On the other hand