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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)

M/S Ben Rubbers, Ernakulam vs. Income Tax Officer, Ward -1, Aluva

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 875/COCH/2022[2009-10]Status: DisposedITAT Cochin03 Mar 2023AY 2009-10

Bench: Shri George George K. & Ms. Padmavathy S.M/S. Ben Rubbers Vs The Income Tax Officer Cheenikuzhi Ward - 1 North Mazhuvannur R.S. Road, Aluva 683101 Ernakulam Dist. 686689 Pan – Aagfb6859G (Appellant) (Respondent) Assessee By: Shri Pratheesh Paul M., Ca Revenue By: Smt. J.M. Jamuna Devi, Sr. Dr Date Of Hearing: 01.03.2023 Date Of Pronouncement: 03.03.2023 O R D E R Per: George George K., J.M. This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The Cit(A)/Nfac, Delhi Dated 17.06.2022 Passed Under Section 250 Of The Income Tax Act, 1961 (The Act). The Relevant Assessment Year Is 2009-10. 2. There Is A Delay Of 9 Days In Filing This Appeal. The Assessee Has Filed A Petition For Condonation Of Delay. On Perusal Of The Petition For Condonation We Find That The Delay Cannot Be Attributed To Any Latches On The Part Of The Assessee & There Is Sufficient Cause To Condone The Delay. Therefore, We Condone The Delay & Proceed To Dispose Off This Appeal On Merits.

For Appellant: Shri Pratheesh Paul M., CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 143(2)Section 143(3)Section 250

assessment was selected for scrutiny and notice under Section 143(2) of the Act was issued on 01.09.2010. Assessment was completed under Section 143(3) of the Act vide order dated 23.12.2011 by assessing the total income at Rs.16,91,529/-. 4. Aggrieved by the assessment order the assessee filed

The ITO, Ward-1, Palakkad vs. M/S. Snofield Foods Private Limited, Palakkad

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

ITA 837/COCH/2022[2006-2007]Status: DisposedITAT Cochin03 Mar 2023AY 2006-2007

Bench: Shri George George K. & Ms. Padmavathy S.The Income Tax Officer -1 Vs M/S. Snofield Foods Pvt. Ltd. Aayakar Bhavan Door No. V/623B, Marutharode English Church Road Village, Kuppayode Road Palakkad 678014 Marutharode, Palakkad 678007 Pan – Aafcs3164B (Appellant) (Respondent) Assessee By: Shri P.M. Veermani, Ca Revenue By: Smt. J.M. Jamuna Devi, Sr. Dr Date Of Hearing: 28.02.2023 Date Of Pronouncement: 03.03.2023 O R D E R Per: George George K., J.M. This Appeal At The Instance Of The Revenue Is Directed Against The Order Of The Cit(A)/Nfac, Delhi Dated 02.06.2022. The Relevant Assessment Year Is 2006-07. 2. Revenue Has Raised The Following Grounds Of Appeal: - “1) The Learned Commissioner Of Income Tax(Appeals) Erred In Deleting The Addition Made By Assessing Officer U/S 41(1), Has Not Gone Into The Merits Of The Issue Simply Relying On The Fact That The Similar Issue Is Already Decided In Favour Of The Assessee In The Case Of Sister Concerns. 2) The Learned Commissioner Of Income Tax (Appeals) Has Not Taken Into Consideration That The Assessee Should Have Credited Percentage Of Deduction Of The Freezer Deposit Every

For Appellant: Shri P.M. Veermani, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 143(3)Section 41(1)

upto 2005-06. The AO therefore made an addition of Rs.3,54,67,159/- in the assessment completed under Section 143(3) r.w.s. 254 o the Act (order dated 30.03.2014). 5. Aggrieved by the order of the AO, assessee filed appeal before the first appellate authority. The CIT(A) allowed