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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)

Radius Deserve Land Developers, Mumbai vs. Pr CIT-City-6, Mumbai

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

ITA 889/MUM/2021[2016-17]Status: DisposedITAT Mumbai26 Oct 2022AY 2016-17

Bench: Shri Aby T Varkey & Shri Amarjit Singhita No.889 /Mum/2021 (A.Y. 2016-17) Radius Deserve Land Vs. Pr. Commissioner Of Developers Pvt. Ltd. Income Tax, City-6, Deserve House, Cst Room No. 501, 5 Th Floor, Road Jn, Next To Kotak Aayakar Bhavan, Mahindra Bank, Opp M.K.Road, Mumbai University, Mumbai – 400 020 Kalina Santacruz, East, Mumbai – 400098 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aagca7060F Appellant .. Respondent Appellant By : Ajay Singh Respondent By : Riddhi Mishra Date Of Hearing 20.10.2022 Date Of Pronouncement 26.10.2022 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Pr.Cit-6, Mumbai Which In Turn Arises From The Order Passed By The A.O U/S 143(3) Of The Act. The Assessee Has Raised The Following Grounds Before Us: “1. The Hon’Ble Pr. Cit-6 (Herein After Referred As Cit) Has Erred In Invoking Provisions Of Section 263 Of The Income Tax Act, 1961 By Issuing The Notice In-Spite Of The Fact That Scrutiny Assessment Has Been Completed By The Ito - 14(3)(1), Mumbai U/S 143 (3) Of The Income Tax Act, 1961 After Duly Examined & Considering Facts While Framing The Assessment Order U/S

For Appellant: Ajay SinghFor Respondent: Riddhi Mishra
Section 143Section 143(2)Section 143(3)Section 263Section 36(1)(iii)

ITA No. 889/Mum/2021 A.Y: 2016-17 1 Radius Deserve Land Developers Pvt. Ltd. Vs. Pr.CIT IN THE INCOME TAX APPELLATE

Shri A. Mohamed Ziavuddin, Chennai vs. ITO Non -Corporate Ward -11(2), Chennai

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 954/CHNY/2020[2012-2013]Status: DisposedITAT Chennai21 Oct 2022AY 2012-2013

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos.953 & 954/Chny/2020 िनधा"रण वष"/Assessment Years: 2010-11 & 2012-13 Shri A. Mohamed Ziavuddin, Vs. The Income Tax Officer, Old No. 8, New No. 6/34, Venkata Iyer Non-Corporate Ward 11(2), Street, Muthialpet, George Town, Chennai Chennai 600 001. [Pan:Aaapz3654R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Y. Sridhar, F.C.A. ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 19.10.2022 घोषणा की तारीख /Date Of Pronouncement : 21.10.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against Common Order Of The Ld. Commissioner Of Income Tax (Appeals) 13, Chennai Dated 15.04.2019 Relevant To The Assessment Years 2010-11 & 2012-13. 2. Both The Appeals Filed By The Assessee Are Time Barred By 520 Days Delay In Filing The Appeal Before The Tribunal. In The Form Of An Affidavit, The Assessee Has Filed Petition For Condonation Of Delay

For Appellant: Shri Y. Sridhar, F.C.AFor Respondent: Shri P. Sajit Kumar, JCIT
Section 143(3)

assessment year 2010-11 admitting 3 I.T.A. Nos.953 & 954/Chny/20 income of ₹.3,34,250/-. The assessment was completed under section 143(3) r.w.s. 147 of the Income Tax Act, 1961[“Act” in short] dated 30.12.2017 by assessing total income at ₹.66,58,980/-. Similarly, the assessee filed his return ... assessment year 2012-13 on 17.08.2016 admitting total income at ₹.5,39,130/- and the Assessing Officer has completed the assessment under section 143(3) r.w.s. 147 of the Act dated 30.12.2017 determining total taxable income at ₹.23,05,270/-. The assessee carried the matter in appeal before the first

Shri A. Mohamed Ziavuddin, Chennai vs. ITO Non-Corporate Ward-11(2), Chennai

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 953/CHNY/2020[2010-2011]Status: DisposedITAT Chennai21 Oct 2022AY 2010-2011

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos.953 & 954/Chny/2020 िनधा"रण वष"/Assessment Years: 2010-11 & 2012-13 Shri A. Mohamed Ziavuddin, Vs. The Income Tax Officer, Old No. 8, New No. 6/34, Venkata Iyer Non-Corporate Ward 11(2), Street, Muthialpet, George Town, Chennai Chennai 600 001. [Pan:Aaapz3654R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Y. Sridhar, F.C.A. ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 19.10.2022 घोषणा की तारीख /Date Of Pronouncement : 21.10.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against Common Order Of The Ld. Commissioner Of Income Tax (Appeals) 13, Chennai Dated 15.04.2019 Relevant To The Assessment Years 2010-11 & 2012-13. 2. Both The Appeals Filed By The Assessee Are Time Barred By 520 Days Delay In Filing The Appeal Before The Tribunal. In The Form Of An Affidavit, The Assessee Has Filed Petition For Condonation Of Delay

For Appellant: Shri Y. Sridhar, F.C.AFor Respondent: Shri P. Sajit Kumar, JCIT
Section 143(3)

assessment year 2010-11 admitting 3 I.T.A. Nos.953 & 954/Chny/20 income of ₹.3,34,250/-. The assessment was completed under section 143(3) r.w.s. 147 of the Income Tax Act, 1961[“Act” in short] dated 30.12.2017 by assessing total income at ₹.66,58,980/-. Similarly, the assessee filed his return ... assessment year 2012-13 on 17.08.2016 admitting total income at ₹.5,39,130/- and the Assessing Officer has completed the assessment under section 143(3) r.w.s. 147 of the Act dated 30.12.2017 determining total taxable income at ₹.23,05,270/-. The assessee carried the matter in appeal before the first

Thirunavukarasu Arul, Chennai vs. ITO Non Corporate Circle-10(1), Chennai

ITA 617/CHNY/2020[2015-16]Status: DisposedITAT Chennai21 Oct 2022AY 2015-16

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No. 617/Chny/2020 िनधा"रण वष"/Assessment Year:2015-16 Shri Thirunavukarasu Arul, Vs. The Income Tax Officer, #18, Govindan Street, Non Corporate Ward 10(1), Room No. 619, 6Th Floor, Wanaparthy Aminjikarai, Chennai 600 029. Block, Aayakar Bhavan, #121, Mg [Pan:Amzpa4958N] Road, Chennai 600 034. (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Anandd Babunath, Ca ""थ" की ओर से/Respondent By : Shri Hema Bhupal, Jcit सुनवाई की तारीख/ Date Of Hearing : 29.08.2022 घोषणा की तारीख /Date Of Pronouncement : 21.10.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 12, Chennai, Dated 22.02.2019 Relevant To The Assessment Year 2015-16. 2. Facts Are, In Brief, That The Assessee Has Filed His Return Of Income For The Assessment Year 2015-16 On 29.09.2016 Admitting Total Income Of ₹.6,60,330/- The Case Was Selected For Limited Scrutiny Through Cass & Notice Under Section 143(2) Of The Income Tax Act

For Appellant: Shri Anandd Babunath, CAFor Respondent: Shri Hema Bhupal, JCIT
Section 142(1)Section 143(2)Section 143(3)

same was served on the assessee. After considering the details furnished by the assessee, the Assessing Officer has completed the assessment under section 143(3) of the Act dated 27.12.2017. In the assessment order, the Assessing Officer has noted that the assessee has purchased a property and registered the same

Parthiban, Chennai vs. ITO Non Corporate Ward-7(2), Chennai

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

ITA 562/CHNY/2020[2014-15]Status: DisposedITAT Chennai21 Oct 2022AY 2014-15

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No. 562/Chny/2020 िनधा"रण वष"/Assessment Year:2014-15 Shri Parthiban, Vs. The Income Tax Officer, Plot No. 83-A, Door No. 9, Thiruvallur Non Corporate Ward 7(2), Street, Jagadhambigai Nagar, Chennai 600 034. Chennai 600 050. [Pan:Biipp0005R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri G. Sitaraman, Advocate ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 23.08.2022 घोषणा की तारीख /Date Of Pronouncement : 21.10.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 7, Chennai, Dated 17.01.2020 Relevant To The Assessment Year 2014-15. 2. Facts Are, In Brief, That The Assessee Has Filed His Return Of Income For The Assessment Year 2014-15 On 14.07.2014 Returning Nil Income & Agricultural Income Of ₹.43,00,530/-. The Case Was Selected Through Cass & The Assessment Was Completed Under 2

For Appellant: Shri G. Sitaraman, AdvocateFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 142(1)Section 143(2)Section 143(3)Section 148Section 2(1)(A)

income and agricultural income of ₹.43,00,530/-. The case was selected through CASS and the assessment was completed under 2 I.T.A. No.562/Chny/20 section 143(3) of the Income Tax Act, 1961 [“Act” in short] dated 18.08.2016 accepting the income returned. Subsequently, the Assessing Officer reopened the assessment by issuing ... trees could not be treated as agricultural income”. After considering the submissions of the assessee, the Assessing Officer has completed the assessment under section 143(3) r.w.s. 147 of the Act dated 26.07.2019 by making addition of ₹.41,04,312/- towards sale proceeds of standing crops treated as income from