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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. Steling Exports in., Mumbai vs. Dy CIT - 23(3), Mumbai

In the result, the present appeal is dismissed

ITA 23/MUM/2021[2010-11]Status: DisposedITAT Mumbai29 Apr 2022AY 2010-11

Bench: Shri Shamim Yahya & Shri Rahul Chaudharyआयकर अपील सं/ I.T.A. No. 23/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2010-11) M/S Sterling Exports Inc. बिधम/ Deputy Commissioner Of 405, Konark Darshan-B, Income Tax -23(3), Vs. Zaver Road, Mulund (West), Kautilya Bhavan, Mumbai - 400080 Bandra-Kurla Complex, Pan : Aalfs8235Q Mumbai - 400051 (अपीलाथी /Appellant) : (प्रत्यथी) / Respondent) For The Appellant/Assessee: Shri Shashank Mehta For The Respondent/Revenue: Shri B.K. Bagchi सुनवाई की तारीख / Date Of Hearing : 19.04.2022 घोषणा की तारीख /Date Of Pronouncement : 29.04.2022 आदेश / O R D E R Per Rahul Chaudhary: 1. By Way Of The Present Appeal The Appellant/Assessee Has Challenged The Order Dated, 24.08.2016 Passed By The Ld. Commissioner Of Income Tax (Appeals)- 40, Mumbai [Hereafter Referred To As „The Cit(A)‟] For The Assessment Year 2010-11, Whereby The Ld. Cit(A) Had Dismissed The Appeal Against The Assessment Order, Dated 08.03.2013, Passed Under Section 143(3) Of The Income Tax Act, 1961 (Hereafter Referred To As „The Act‟).

For Appellant: Shri Shashank MehtaFor Respondent: Shri B.K. Bagchi
Section 143(3)

Assessment Year 2010-11, whereby the Ld. CIT(A) had dismissed the appeal against the Assessment Order, dated 08.03.2013, passed under Section 143(3) of the Income Tax Act, 1961 (hereafter referred to as „the Act‟). 2. The Appellant, a partnership firm, has filed application seeking condonation of delay

ITO - 1(1)(3), Mumbai vs. M/S Film Waves Combines P. Ltd., Mumbai

In the result, the appeal filed by the revenue is hereby dismissed and cross objection filed by the assessee is hereby allowed

ITA 170/MUM/2021[2010-11]Status: DisposedITAT Mumbai29 Apr 2022AY 2010-11

Bench: Shri Amarjit Singh, Jm & Amarjit Singh, Am आयकर अपील सं/ I.T.A. No. 170/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2010-11) Ito-1(1)(3) बिधम/ M/S. Film Waves Combines Room No.531A, 5Th Floor, Pvt. Ltd. Vs. 7Th Floor, Mehta Mahal, Aayakar Bhavan, M. K. Opera House, Mumbai- Road, Mumbai-400020. 400004. & Cross Objection No.10/Mum/2022 आयकर अपील सं/ I.T.A. No. 170/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2010-11) M/S. Film Waves Combines बिधम/ Ito-1(1)(3) Room No.531A, 5Th Floor, Pvt. Ltd. Vs. 7Th Floor, Mehta Mahal, Aayakar Bhavan, M. K. Opera House, Mumbai- Road, Mumbai-400020. 400004. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacf2525Q (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Achal Sharma (Dr) Assessee By: Shri P.P. Bhandari सुनवाई की तारीख / Date Of Hearing: 28/02/2022 घोषणा की तारीख /Date Of Pronouncement: 29/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue As Well As Assessee Have Filed The Above Mentioned Appeal As Well As Cross-Objection Against The Order Dated 24.09.2020 Passed By The Commissioner Of Income Tax (Appeals)-48, Mumbai [Hereinafter C.O. No.10/Mum/2022 A.Y.2010-11 Referred To As The “Cit(A)”] Relevant To The A.Y.2010-11 In Which The Penalty Levied By The Ao Has Been Ordered To Be Deleted.

For Appellant: Shri P.P. BhandariFor Respondent: Shri Achal Sharma (DR)
Section 143(3)Section 269SSection 271DSection 273BSection 274

IN THE INCOME TAX APPELLATE TRIBUNAL “F” BENCH, MUMBAI BEFORE SHRI AMARJIT SINGH, JM AND AMARJIT SINGH, AM आयकर अपील

ACIT (Ltu)-1, Mumbai vs. M/S Glenmark Pharmaceuticals Ltd., Mumbai

ITA 884/MUM/2020[2009-10]Status: DisposedITAT Mumbai29 Apr 2022AY 2009-10

Bench: Shri M. Balaganesh & Shri Kuldip Singhassessment Year: 2009-10 Asst. Commissioner Of M/S. Glenmark Income Tax (Ltu)-1, Pharmaceuticals Ltd., 29Th Floor, Center-1, Glenmark House, World Trade Center, Hdo Corporate Building, Cuffe Parade, Wing A, Mumbai – 400 005 Vs. B.D. Sawant Marg, Chakla, Opp. Western Express Highway, Andheri (East), Mumbai – 400 099 Pan: Aaacg2207L (Appellant) (Respondent) Present For: Assessee By : Shri Anuj Kisnadwala, A.R. Revenue By : Shri Hoshang B. Irani, D.R. Date Of Hearing : 16 . 02 . 2022 Date Of Pronouncement : 29 . 04 . 2022 O R D E R Per : Kuldip Singh: The Appellant, Asst. Commissioner Of Income Tax (Ltu), Mumbai (Hereinafter Referred To As ‘The Revenue’) By Filing The Present Appeal, Sought To Set Aside The Impugned Order Dated 22.11.2019 Passed By Commissioner Of Income Tax (Appeals)-3, Mumbai [Hereinafter Referred To As The Cit(A)] Qua The Assessment Year 2009-10 On The Grounds Inter Alia That :-

For Appellant: Shri Anuj Kisnadwala, A.RFor Respondent: Shri Hoshang B. Irani, D.R
Section 115JSection 143Section 80CSection 80I

weighted deduction u/s 35(2AB), therefore, the issue regarding mistake in the amount becomes infructuous.” 5. Then AO passed an order under section 143(3) read with section 254 of the Act by holding that the R&D expenses are allocated to Baddi unit No.1. Then assessee again carried

Hsbc Asset Management (India) Private Limited, Mumbai vs. Income Tax Officer 1(1)(2), Mumbai

In the result, ground no.1 raised by assessee is allowed and assessment order framed found to be without jurisdiction

ITA 7292/MUM/2017[2008-09]Status: DisposedITAT Mumbai29 Apr 2022AY 2008-09

Bench: Shri Rahul Chaudhary & Shri Gagan Goyalhsbc Asset Management (India) Pvt. Ltd. 3Rd Floor, Mercantile Bank Chamber, 16 Veer Nariman, Mumbai-400001 Pan: Aabch0007N ...... Appellant Vs. Ito-1(1)(2) Mumbai. ..... Respondent Appellant By : Sh. Niraj Sheth, Ar Respondent By : Sh. Tejinder Pal Singh Anand, Sr. Dr Date Of Hearing : 28/02/2022 Date Of Pronouncement : 29/04/2022 Order Per Gagan Goyal, A.M: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-6, Mumbai [Hereinafter Referred To As ‘The Cit (A)’] Vide Order Dated 13.10.2017 For The Assessment Year (Ay) 2008-09. The Assessee Has Raised The Following Grounds Of Appeal: The Following Grounds Of Appeal Are Distinct & Separate & Without Prejudice To Each Other. 1. On The Facts & In Law, The Commissioner Of Income-Tax (Appeals) - 6, Mumbai [‘Cit(A)’] Erred In Upholding The Reassessment Proceedings Under Section 148 Of The Income-Tax Act, 1961 (‘The Act’) Initiated After Four Years From The End Of Relevant Assessment Year, Without Appreciating The Fact That Assessment Under Section 143(3) Was Made & The Appellant Had Disclosed Fully & Truly All Material Facts Necessary

For Appellant: Sh. Niraj Sheth, ARFor Respondent: Sh. Tejinder Pal Singh Anand, Sr. DR
Section 142(1)Section 143(2)Section 143(3)Section 148Section 37(1)Section 40A(9)

initiated after four years from the end of relevant assessment year, without appreciating the fact that assessment under section 143(3) was made and the Appellant had disclosed fully and truly all material facts necessary 2 for his assessment and there was no failure on the part of the Appellant ... proceedings that were undertaken under sections 142(1) r/w 143(2), which finally culminated in the assessment order dated 30th December 2008 under section 143(3). It is therefore evident that Respondent No.1 after passing the original assessment order dated 30th December 2008 has changed his opinion and issued