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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)

Asst CIT Cir 4, Thane vs. Palghar Land Development Corporation, Vasai

In the result, appeal by Revenue is dismissed

ITA 6812/MUM/2016[2006-07]Status: DisposedITAT Mumbai30 Sept 2022AY 2006-07

Bench: Shri Vikas Awasthy & Shri M. Balaganeshआअसं. 6812/मुं/2016 ("न.व. 2006-07) Asstt. Commissioner Of Income Tax, Circle -4, Thane, 6Th Floor, A-Wing, Room No.2, Ashar I.T.Park, Wagle Industrial Estate, Road No.16Z, Thane (W). ...... अपीलाथ" /Appellant बनाम Vs. M/S. Palghar Land Development Corporation, Dewan Tower, Station Road, Navghar, Vasai . Pan: Aabfp-5145-J ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Ravinder Sindhu ""तवाद" "वारा/Respondent By : None. सुनवाई क" "त"थ/ Date Of Hearing : 21/09/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 30/09/2022 आदेश/ Order Per Vikas Awasthy, Jm: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-3, Thane [In Short ‘The Cit(A)’] Dated 23/08/2016 For The Assessment Year 2006-07. 2. The Revenue In Appeal Has Assailed The Findings Of Cit(A) On Two Grounds. The Relevant Grounds Raised By The Revenue Read As Under:

For Appellant: Shri Ravinder SindhuFor Respondent: None
Section 143(3)Section 50B

aforesaid amounts were not offered to tax by the 3 assessee. Aggrieved by the assessment order dated 30/03/2014 passed under section 143(3) r.w.s. 147 of the Income Tax Act, 1961 [ in short ‘ the Act’ ] the assessee filed appeal before the CIT(A). 5. The CIT(A) deleted the addition

Technimont Spa India Project Office, Mumbai vs. Addl DIT (It) RG 2, Mumbai

In the result, the appeal of the assessee is allowed

ITA 691/MUM/2013[2008-09]Status: DisposedITAT Mumbai30 Sept 2022AY 2008-09

Bench: Shri B. R. Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.691/Mum/2013 (निर्धारण वर्ा / Assessment Years: 2008-09) M/S. Tecnimont Spa India बिधम/ Additional Director Of Office Income Tax-(It)-Range-2 Vs. Tecnimont Icb House, 1St Floor, R. No. 108, Chincholi Bunder, 504 Link Scindia House, Ballard Road, Malad (W), Mumbai- Estate, N. M. Road, 400064. Mumbai-400038. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaact8224A (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri M. P. Lohia/ Shri Pranav Gandhi Revenue By: Ms. Vatsalaa Jha (Dr) सुनवाई की तारीख / Date Of Hearing: 10/08/2022 घोषणा की तारीख /Date Of Pronouncement: 30/09/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Assessing Officer (Hereinafter “Ao”) Dated 30.11.2012 Passed U/S 143(3) Read With Section 144C(1) Of The Income Tax Act, 1961 (Hereinafter “The Act”). 2. At The Outset, The Ld. Ar Of The Assessee Brought To Our Notice That The Only Issue Is Regarding The Transfer Pricing Adjustment Made By The Ao Pursuant To The Dispute Resolution Panel (Drp) Direction. According To The Ld. Ar, The Assessee Is A Foreign Company Incorporated At Milan, Italy & It Has A Project Office In India Which Is The Permanent Establishment (Pe). According To The Ld. Ar, The Assessee Has Been Awarded A Project By M/S. Indian Oil Corporation (Hereinafter “M/S. Iocl”) At Panipat Project. The Assessee In Turn Has Awarded The Same Project To Two (2) Of Its Associated Enterprises/Ae’S

For Appellant: Shri M. P. Lohia/ Shri PranavFor Respondent: Ms. Vatsalaa Jha (DR)
Section 143(3)Section 144C(1)Section 92B

IN THE INCOME TAX APPELLATE TRIBUNAL “J” BENCH, MUMBAI BEFORE SHRI B. R. BASKARAN, AM AND SHRI ABY T. VARKEY