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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)

De Dietrich Process Systems India P. Ltd., Navi Mumbai vs. Dy CIT - 19(3)(1), Mumbai

ITA 2021/MUM/2020[2014-15]Status: DisposedITAT Mumbai10 Oct 2022AY 2014-15

Bench: Shri Amit Shukla, Jm & Shri S. Rifaur Rahman, Am आयकरअपीलसं./ I.T.A. No. 2021 & 2022/Mum/2020 (निर्धारणवर्ा / Assessment Year: 2014-15 & 2015-16) Dcit-19(3)(1), Mumbai De Dietrich Process Systems Aayakar Bhavan, India Pvt. Ltd. बिधम/ Mumbai-400 020 R. No. 548/549, Road No. 16, Vs. Ttc Indl. Area, Midc Rabale, Navi Mumbai-400 701 स्थायीलेखासं./जीआइआरसं./ Pan No. Aaccd8576D (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Shri Sanjay R. Parikh, Ld. Ar प्रत्यथीकीओरसे/Respondent By : Shri Mahita Nair, Ld. Dr सुनवाईकीतारीख/ : 13.07.2022 Date Of Hearing घोषणाकीतारीख / : 10.10.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeals Have Been Filed By The Assessee Against The Separate Impugned Order Of Even Date 24.12.2019, Passed By Ld. Cit(A)-16, Mumbai In Relation To The Penalty Proceedings U/S 271(1)(C) For Ay 2014-15 & 2015-16. 2

For Appellant: Shri Sanjay R. Parikh, Ld. ARFor Respondent: Shri Mahita Nair, Ld. DR
Section 143(3)Section 271(1)(c)Section 274Section 40Section 40aSection 43B

IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI BEFORE SHRI AMIT SHUKLA, JM & SHRI S. RIFAUR RAHMAN, AM आयकरअपीलसं

Dy.CIT Cent. Cir 6(4), Mumbai vs. Indiabulls Financial Services Ltd, Mumbai

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

ITA 99/MUM/2022[2012-13]Status: DisposedITAT Mumbai07 Oct 2022AY 2012-13

Bench: Shri Kuldip Singh & Shri Gagan Goyaldy.Cit, Cc-6(4), Room No. 1925, 19Th Floor, Air India Building, Nariman Point, Mumbai-400021. ...... Appellant Vs. India Bulls Financial Services Ltd. M-62 & 63, 1St Floor, Connaught Place, New Delhi-110001 Pan: Aaaci8570Q ..... Respondent Appellant By : Sh. K.C. Kanojiya, Cit-Dr Respondent By : Sh. K. Gopal, Adv. Sh. Om Kandalkar, Adv. Date Of Hearing : 13/07/2022 Date Of Pronouncement : 07/10/2022 Order Per Gagan Goyal, A.M: This Appeal By The Revenue Is Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-54, Mumbai [Hereinafter Referred To As [‘Cit(A)’] Dated 20.10.2021 Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As [‘The Act’] For The Assessment Year (Ay) 2012-13. The Revenue Has Raised The Following Grounds Of Appeal:

For Appellant: Sh. K.C. Kanojiya, CIT-DRFor Respondent: Sh. K. Gopal, Adv
Section 143(3)Section 153ASection 245D(4)Section 250Section 69C

housing and finance and other ancillary services. Return of income was filed on 29th September, 2012 at ₹ 610, 34, 46,645/-. Assessment under Section 143(3) of the Income-tax Act, 1961 (the Act) concluded at income OF Rs. 613, 92, 78,690/-. Subsequently, search took place on 13th July ... Assessing Officer made an addition of ₹95,000/- as unaccounted expenditure under Section 69C of the Act. Consequent to that, assessment order under Section 143(3) read with Section 153A of the Act was passed on 18th May, 2018 at the total income of ₹ 613,93,73,688/-. 3. Being