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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)

ACIT 1(1) (1), Mumbai vs. M/S. Amazia Developers Pvt. Ltd, Mumbai

In the result, impugned order is upheld and appeal of the Revenue is dismissed

ITA 2414/MUM/2021[2014-15]Status: DisposedITAT Mumbai13 May 2022AY 2014-15

Bench: Shri Vikas Awasthy & Shri S.Rifaur Rahman आअसं.2414/मुं/2021 ("न.व. 2014-15) The Acit – 1(1)(1), 579, Aaykar Bhavan, M.K.Road, Mumbai 400 020 ...... अपीलाथ" /Appellant बनाम Vs. M/S.Amazia Developers Pvt. Ltd. 276, 1St Floor, Lwarence & Mayo House, Mumbai 400 001. Pan : Aahca-6934-H ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Mehul Jain ""तवाद" "वारा/Respondent By : None सुनवाई क" "त"थ/ Date Of Hearing : 11/05/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 13/05/2022 आदेश/ Order

For Appellant: Shri Mehul JainFor Respondent: None
Section 143(3)Section 80I

park as income from business. The aforesaid claim of the assessee was accepted by the Assessing Officer in the assessments completed under section 143(3) of the Act in the assessment years 2009-10 and 2011-12. Even, in the original assessment completed under section 143(3 ... impugned assessment year also/ the Assessing Officer had accepted assessee's claim. Notably, while completing the assessment under section 143(3) of the Act for the assessment year 2012-13, the Assessing Officer treated the income from lease rental as income from other sources. However, while deciding assessee's appeal

M/S Aci Worldwide Solutions Private Ltd., Bangalore vs. The Assistant Commissioner of Income Tax, Circle 1(1)(1), Bangalore

In the result, ground 11 is allowed for statistical purposes

ITA 106/BANG/2022[2017-18]Status: HeardITAT Bangalore13 May 2022AY 2017-18

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am It(Tp)A No.106/Bang/2022 : Asst.Year 2017-2018 M/S.Aci Worldwide Solutions The Assistant Commissioner Private Limited Of Income-Tax, Circle 1(1)(1) V. Bangalore. No.9, Salarpuria Cambridge Mall Bangalore – 560 008. Pan : Aaacv7566R. (Appellant) (Respondent) Appellant By : Sri.Narendra Kumar Jain, Advocate Respondent By : Sri.Sumer Singh Meena, Cit-Dr Date Of Pronouncement : 13.05.2022 Date Of Hearing : 12.05.2022 O R D E R Per George George K, Jm : This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 31.01.2011 Passed U/S 143(3) R.W.S. 144C(3) R.W.S. 144B Of The Income-Tax Act. The Relevant Assessment Year Is 2017-2018. 2. The Brief Facts Of The Case Are As Follows: The Assessee Is Engaged In The Business Of Rendering Software Development Services & Sales & Marketing Support Services To Its Associated Enterprises (Aes). The Services Are Provided On Cost Plus Basis. The Assessee Is Also Engaged In Software Distribution Activities. During The Course Of Assessment Proceedings, Reference Was Made To The Tpo To Determine The Arm’S Length Price (Alp) Of International Transactions Undertaken By The Assessee With Its Aes. The 2 It(Tp)A No.106/Bang/2022. M/S.Aci Worldwide Solutions Private Limited. Tpo Vide Order Dated 26.01.2021 U/S 92Ca Of The I.T.Act, Proposed The Following Tp Adjustments:-

For Appellant: Sri.Narendra Kumar Jain, AdvocateFor Respondent: Sri.Sumer Singh Meena, CIT-DR
Section 143(3)Section 92C

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES “A”, BANGALORE Before Shri George George K, JM & Shri Laxmi Prasad Sahu