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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)

Dr. P. Dayananda Pai, Bangalore vs. The Deputy Commissioner of Income Tax, Circle- 2(2), Bangalore

In the result, appeal of the Assessee is partly allowed for statistical purpose

ITA 150/BANG/2020[2005-06]Status: DisposedITAT Bangalore26 Jul 2022AY 2005-06

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sassessment Year :2005-06 Dr. P Dayananda Pai, Vs. Dcit, 10/1, Lakshminarayana Complex, Circle – 2(2), Palace Road, Bengaluru. Bengaluru – 560 052. Pan : Abapp 4418 Q Appellant Respondent Assessee By : Shri. R. Ramakrishnan, Ca Revenue By : Smt. Susan Dolores George, Cit(Osd)(Itat), Bengaluru. Date Of Hearing : 19.07.2022 Date Of Pronouncement : 26.07.2022 O R D E R Per N. V. Vasudevan: This Is An Appeal By The Assessee Against The Order Dated 9.12.2019 Of Cit(A)-11, Bengaluru, Relating To Ay 2005-06. 2. The Assessee Is An Individual. He Is Also Referred To As “Pdp” In This Order. He Is In The Business Of Real Estate For Over Four Decades. He Carried On Business Of Real Estate In His Individual Capacity. From Ay 95-96 He Transferred All The Rights In Properties Under Various Agreements To A Partnership Firm “M/S.P.Dayanand Pai”, Vide Deed Of Partnership Dated 1-4-1994. In This Firm Mr.P.Dayanand Pai & His Brother Mr.P.Satish & 9 Other Individuals Were Partners. Thereafter By A Deed Of Partnership Dated 9.6.2000 The Firm “M/S.P.Dayanada Pai” Merged Its Business With Another Partnership Firm “M/S.Canara Housing Development Company” (Hereinafter Page 2 Of 39

For Appellant: Shri. R. Ramakrishnan, CAFor Respondent: Smt. Susan Dolores George, CIT(OSD)(ITAT), Bengaluru
Section 10Section 132Section 139Section 143(3)Section 147Section 148Section 149Section 151Section 153Section 153A

IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH : BANGALORE BEFORE SHRI N. V. VASUDEVAN, VICE PRESIDENT AND MS. PADMAVATHY S

Giraffe Developers Pvt. Ltd., Mumbai vs. Pr. CIT - 9, Mumbai

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

ITA 2663/MUM/2019[2014-15]Status: DisposedITAT Mumbai25 Jul 2022AY 2014-15

Bench: Shri Prashant Maharishi & Shri Pavan Kumar Gadalegiraffe Developers Pvt Vs. Pr. Cit – 9, Ltd Room No. 214, 2Nd 111, G Wing, Akruti Floor, Aayakar Commercial Complex, Bhavan, M.K. Road, Next To Akruti Centre Churchgate, Point, Central Road, Mumbai-400020. Andheri (E), Mumbai- 400093 Pan/Gir No. : Aaccn2778D Appellant .. Respondent Appellant By : Shri.Madhur Agrawal & Shri.Fenil Bhatt.Ar Respondent By : Shri.S.Anbuselvam.Dr Date Of Hearing 13.07.2022 Date Of Pronouncement 25.07.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of Pr. Commissioner Of Income Tax (Appeals)-9, Mumbai Passed U/S 143(3) & 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri.Madhur Agrawal &For Respondent: Shri.S.Anbuselvam.DR
Section 139(1)Section 143(1)Section 143(2)Section 143(3)Section 263Section 271ASection 271BSection 40Section 40A(2)Section 92D

This return was selected for scrutiny M/s Giraffe Developers Pvt Ltd., Mumbai. assessment and ultimately, the Assessing Officer has passed assessment order under section 143(3). The Commissioner while going through the assessment order formed an opinion that in Form No. 3CEB the assessee has shown a domestic transaction. According ... objections were filed before the DRP also. But ultimately when the assessment order was passed under section 144(3), read with section 143(3), this clause has been omitted from the Act. In other words, the assessment order was passed on 30-6-2017, and this clause, on the strength