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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)

Mrs. Usha Devi Agarwalla, Rourkela vs. Pr.CIT Cuttack, Cuttack

In the result, appeal of the assessee stands dismissed

ITA 117/CTK/2022[2015-16]Status: HeardITAT Cuttack14 Feb 2023AY 2015-16

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2015-16 Mrs Usha Devi Agarwalla, M Mrs Usha Devi Agarwalla, M- Vs. Pr. Cit, Cuttack Pr. Cit, Cuttack 17, 17, Civil Civil Township, Township, Rourkela. Pan/Gir No. Pan/Gir No.Abipa 0285A (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri B.R.Panda, Ar B.R.Panda, Ar Revenue By : Shri M.K.Gautam, M.K.Gautam, Cit Dr Date Of Hearing : 14/0 02/2023 Date Of Pronouncement : 14/0 /02/2023 O R D E R Per Bench This Is An Appeal Filed By The Assessee Ag This Is An Appeal Filed By The Assessee Against The Order Of The Ld Pr. Ainst The Order Of The Ld Pr. Cit Passed U/S.263 Of The Act Passed U/S.263 Of The Act Dated 28.4.2020 28.4.2020 In Appeal No. Itba/Com/F/17/2020 Itba/Com/F/17/2020-21/102699194(1) For The Assessment Year The Assessment Year 2015-16. 2. Shri B.R.Panda, Ld Ar Appeared For The Assessee & Shri Shri B.R.Panda, Ld Ar Appeared For The Assessee & Shri Shri B.R.Panda, Ld Ar Appeared For The Assessee & Shri M.K,Gautam, Ld Cit Dr Appeared For The Revenue. M.K,Gautam, Ld Cit Dr Appeared For The Revenue.

For Appellant: Shri B.R.Panda, ARFor Respondent: Shri M.K.Gautam
Section 133(6)Section 143(3)Section 263

IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH

The Income Tax Officer, Ward-1 (2) (5), Rajkot-Gujarat vs. M/S. Shree Jivraj Residency, Rajkot-Gujarat

In the result, Revenue’s appeal is dismissed

ITA 112/RJT/2018[2009-10]Status: DisposedITAT Rajkot14 Feb 2023AY 2009-10

Bench: Smt.Annapurna Gupta & Ms. Madhumita Royआयकर अपील सं./I.T.A. No. 112/Rjt/2018 ("नधा"रण वष" / Assessment Year : 2009-10) Income-Tax Officer M/S. Shree Jivraj बनाम/ Ward-1(2)(5), Rajkot Township Vs. Soor Prabhav, 14- Panchnath Plot, Rajkot "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abhfs3670C .. (अपीलाथ" /Appellant) (""यथ" / Respondent) अपीलाथ" ओर से /Appellant By : Shri Shramdeep Sinha, Cit. D.R. ""यथ" क" ओर से / Shri Mehul Ranpura, A.R. Respondent By : सुनवाई क" तार"ख / Date Of 14/12/2022 Hearing घोषणा क" तार"ख /Date Of 14/02/2023 Pronouncement O R D E R Per Ms. Madhumita Roy - Jm: The Instant Appeal At The Instance Of The Revenue Is Directed Against The Order Dated 19.01.2018 Passed By The Passed By The Commissioner Of Income Tax (Appeals) – 11, Ahmedabad (The Cit(A)), Arising Out Of The Assessment Order Dated 16.03.2015 Passed By The Learned Dcit, Central Circle-2, Rajkot Under Section 143(3) R.W.S. 147 Of The Income Tax Act, 1961 (Hereinafter Referred As To ‘The Act’) For Assessment Year 2009-10. Ito Vs. Shree Jivraj Township - 2- 2. The Matter Relates To The Deduction Under Section 80Ib(10) Of The Act Of Rs.3,49,29,737/- Profit Earned By The Assessee From The Construction Of Project.

For Appellant: Shri Shramdeep Sinha, CIT. D.R
Section 143(3)Section 80I

Ahmedabad (the CIT(A)), arising out of the assessment order dated 16.03.2015 passed by the Learned DCIT, Central Circle-2, Rajkot under section 143(3) r.w.s. 147 of the Income Tax Act, 1961 (hereinafter referred as to ‘the Act’) for Assessment Year 2009-10. ITO vs. Shree Jivraj Township