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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. Standard Chartered Bank, Mumbai vs. The ACIT (It)1(3), Mumbai

In the result, appeal filed by the assessee is allowed and appeal filed by the Revenue is dismissed

ITA 803/MUM/2009[1999-2000]Status: DisposedITAT Mumbai27 Sept 2022AY 1999-2000

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blestandard Chartered Bank V. Acit – Range-1(3) Taxation Department, 23-25 Scindia House, Ballard Estate M.G. Road, 3Rd Floor N.M. Marg, Mumbai - 400038 Fort, Mumbai - 400001 Pan: Aabcs4681D (Appellant) (Respondent) Adit (It)– 2(3) V. Standard Chartered Bank Room No. 120, 1St Floor Taxation Department, 23-25 Scindia House, Ballard Estate M.G. Road, 3Rd Floor N.M. Marg, Mumbai - 400038 Fort, Mumbai - 400001 Pan: Aabcs4681D (Appellant) (Respondent) Shri P.J. Pardiwala & Assessee Represented By : Shri Fenil Bhatt Shri Soumendu Kumar Dash Department Represented By :

Section 115JSection 14ASection 90Section 90(2)

Swarna Trading Pvt. Ltd. has held that right to receive interest under Section 244A is contingent till the assessment is made under Section 143(3) of the Act or the period when limitation for taking action under Section 143(2) is expired. In view of such difference of opinion ... interest under Section 244A(1) is inchoate/contingent inasmuch as quantification of the same is dependent on the final outcome of assessment under Section 143(3). So, till the assessment is made under Section 143(3), such right remains contingent. It was also argued that in case the Assessing Officer does

Enmas India Private Limited, Tiruvallur vs. DCIT, CPC, Bangalore

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

ITA 714/CHNY/2022[2020-2021]Status: DisposedITAT Chennai26 Sept 2022AY 2020-2021

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.714/Chny/2022 िनधा"रण वष"/Assessment Year: 2020 -21 M/S. Enmas India Private Limited, The Deputy Commissioner Of Sp 107, Eom Square Ambattur, Vs. Income Tax, Ambattur Indl. Estate S.O., Tiruvallur, Cpc, Bengaluru 560 500. Tamil Nadu 600 058. [Pan:Aabce4825F] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Zakir Hussain, C.A. & Shri Sriraj Gokavarapu, C.A. ""थ" की ओर से/Respondent By : Shri K.N. Dhandapani, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 26.09.2022 घोषणा की तारीख /Date Of Pronouncement : 26.09.2022 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), National Faceless Appeal Centre (Nfac), New Delhi Dated 03.08.2022 Relevant To The Assessment Year 2020-21. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Assessment Year 2020-21 On 16.12.2020 Declaring The Total Income At ₹.4,77,23,830/-. The Cpc, Bengaluru Has Completed The 2

For Appellant: Shri Zakir Hussain, C.A. &For Respondent: Shri K.N. Dhandapani, Addl. CIT
Section 139(1)Section 143(1)Section 36Section 43B

that the issues involved in this appeal is squarely covered in favour of the assessee. However, in this case, the scrutiny assessment under section 143(3) of the Act was not carried out and therefore, the Assessing Officer has no occasion to examine as to whether the assessee has remitted

Sri Ram Samaj, Chennai vs. ITO, Exemption Ward - 3, Chennai

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

ITA 709/CHNY/2022[2017-2018]Status: DisposedITAT Chennai26 Sept 2022AY 2017-2018

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos.707, 708 & 709/Chny/2022 िनधा"रण वष"/Assessment Years: 2009-10, 2015-16 & 2017-18 Sri Ram Samaj, Vs. The Income Tax Officer, No. 47, Arya Gowda Road, Exemption Ward 3, West Mambalam, Chennai 600 033. Chennai 600 034. [Pan:Aacts5436N] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri H. Yeshwanth Kumar, C.A. ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 26.09.2022 घोषणा की तारीख /Date Of Pronouncement : 26.09.2022 आदेश /O R D E R Per V. Durga Rao: These Three Appeals Filed By The Assessee Are Directed Against Different Orders Of The Ld. Commissioner Of Income Tax (Appeals) – National Faceless Appeal Centre (Nfac), New Delhi, Dated 23.07.2022 For The Assessment Years 2009-10 & 2015-16 & Order Dated 29.06.2022 For The Assessment Year 2017-18. 2. Brief Facts Of The Case Are That The Assessment Under Section 143(3) R.W.S. 147 Of The Income Tax Act, 1961 [“Act” In Short] Was Completed On 2

For Appellant: Shri H. Yeshwanth Kumar, C.AFor Respondent: Shri P. Sajit Kumar, JCIT
Section 143(3)

order dated 29.06.2022 for the assessment year 2017-18. 2. Brief facts of the case are that the assessment under section 143(3) r.w.s. 147 of the Income Tax Act, 1961 [“Act” in short] was completed on 2 I.T.A. Nos.707-709/Chny/22 26.03.2015 for the assessment year 2009-10 by assessing taxable ... well as assessed income at ₹.96,78,323/- against NIL income. Similarly, for the assessment year 2015-16, the assessment under section 143(3) of the Act was completed on 28.12.2017 by assessing taxable income at ₹.1,94,30,317/- against NIL income. Further, for the assessment year

Sri Ram Samaj, Chennai vs. ITO, Exemption Ward - 3, Chennai

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

ITA 708/CHNY/2022[2015-2016]Status: DisposedITAT Chennai26 Sept 2022AY 2015-2016

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos.707, 708 & 709/Chny/2022 िनधा"रण वष"/Assessment Years: 2009-10, 2015-16 & 2017-18 Sri Ram Samaj, Vs. The Income Tax Officer, No. 47, Arya Gowda Road, Exemption Ward 3, West Mambalam, Chennai 600 033. Chennai 600 034. [Pan:Aacts5436N] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri H. Yeshwanth Kumar, C.A. ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 26.09.2022 घोषणा की तारीख /Date Of Pronouncement : 26.09.2022 आदेश /O R D E R Per V. Durga Rao: These Three Appeals Filed By The Assessee Are Directed Against Different Orders Of The Ld. Commissioner Of Income Tax (Appeals) – National Faceless Appeal Centre (Nfac), New Delhi, Dated 23.07.2022 For The Assessment Years 2009-10 & 2015-16 & Order Dated 29.06.2022 For The Assessment Year 2017-18. 2. Brief Facts Of The Case Are That The Assessment Under Section 143(3) R.W.S. 147 Of The Income Tax Act, 1961 [“Act” In Short] Was Completed On 2

For Appellant: Shri H. Yeshwanth Kumar, C.AFor Respondent: Shri P. Sajit Kumar, JCIT
Section 143(3)

order dated 29.06.2022 for the assessment year 2017-18. 2. Brief facts of the case are that the assessment under section 143(3) r.w.s. 147 of the Income Tax Act, 1961 [“Act” in short] was completed on 2 I.T.A. Nos.707-709/Chny/22 26.03.2015 for the assessment year 2009-10 by assessing taxable ... well as assessed income at ₹.96,78,323/- against NIL income. Similarly, for the assessment year 2015-16, the assessment under section 143(3) of the Act was completed on 28.12.2017 by assessing taxable income at ₹.1,94,30,317/- against NIL income. Further, for the assessment year

Sri Ram Samaj, Chennai vs. ITO, Exemption Ward - 3, Chennai

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

ITA 707/CHNY/2022[2009-2010]Status: DisposedITAT Chennai26 Sept 2022AY 2009-2010

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos.707, 708 & 709/Chny/2022 िनधा"रण वष"/Assessment Years: 2009-10, 2015-16 & 2017-18 Sri Ram Samaj, Vs. The Income Tax Officer, No. 47, Arya Gowda Road, Exemption Ward 3, West Mambalam, Chennai 600 033. Chennai 600 034. [Pan:Aacts5436N] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri H. Yeshwanth Kumar, C.A. ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 26.09.2022 घोषणा की तारीख /Date Of Pronouncement : 26.09.2022 आदेश /O R D E R Per V. Durga Rao: These Three Appeals Filed By The Assessee Are Directed Against Different Orders Of The Ld. Commissioner Of Income Tax (Appeals) – National Faceless Appeal Centre (Nfac), New Delhi, Dated 23.07.2022 For The Assessment Years 2009-10 & 2015-16 & Order Dated 29.06.2022 For The Assessment Year 2017-18. 2. Brief Facts Of The Case Are That The Assessment Under Section 143(3) R.W.S. 147 Of The Income Tax Act, 1961 [“Act” In Short] Was Completed On 2

For Appellant: Shri H. Yeshwanth Kumar, C.AFor Respondent: Shri P. Sajit Kumar, JCIT
Section 143(3)

order dated 29.06.2022 for the assessment year 2017-18. 2. Brief facts of the case are that the assessment under section 143(3) r.w.s. 147 of the Income Tax Act, 1961 [“Act” in short] was completed on 2 I.T.A. Nos.707-709/Chny/22 26.03.2015 for the assessment year 2009-10 by assessing taxable ... well as assessed income at ₹.96,78,323/- against NIL income. Similarly, for the assessment year 2015-16, the assessment under section 143(3) of the Act was completed on 28.12.2017 by assessing taxable income at ₹.1,94,30,317/- against NIL income. Further, for the assessment year

M/S Bab Leather Products International, Thirumudivakkam vs. DCIT, Chenai

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

ITA 665/CHNY/2022[2015-2016]Status: DisposedITAT Chennai26 Sept 2022AY 2015-2016

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.665/Chny/2022 िनधा"रण वष"/Assessment Year: 2015-16 M/S. Bab Leather Products The Deputy Commissioner Of International, 162/163, Sidco Vs. Income Tax, Industrial Estate, Thirumudivakkam, Non Corporate Circle 4(1), Chennai 600 044. Chennai. [Pan:Aaafb6228M] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri G. Tarun, Advocate ""थ" की ओर से/Respondent By : Shri K.N. Dhandapani, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 26.09.2022 घोषणा की तारीख /Date Of Pronouncement : 26.09.2022 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), National Faceless Appeal Centre (Nfac), New Delhi Dated 28.07.2022 Relevant To The Assessment Year 2015-16. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Assessment Year 2015-16 On 23.09.2015 Declaring The Total Income At ₹.54,09,150/-. The Case Was Selected For Scrutiny & 2

For Appellant: Shri G. Tarun, AdvocateFor Respondent: Shri K.N. Dhandapani, Addl. CIT
Section 139(1)Section 143(3)Section 144BSection 147Section 148Section 43B

declaring the total income at ₹.54,09,150/-. The case was selected for scrutiny and 2 I.T.A. No. 665/Chny/22 accordingly, assessment order under section 143(3) of the Income Tax Act, 1961 [“Act” in short] dated 14.09.2017 was completed by assessing taxable income at ₹.67,78,390/- by making