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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)

Printrade Issues India P. Ltd., Mumbai vs. ACIT - 7 (3)(2), Mumbai

In the result, the appeal of the assessee is dismissed

ITA 1770/MUM/2020[2009-10]Status: DisposedITAT Mumbai16 Mar 2022AY 2009-10

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm Printrade Issues India Private The Asst. Commissioner Of Limited Income Tax, 7(3)(2) Gala No.17, Pragati Indus Aayakar Bhavan, Vs. Estate, 316, Nm Joshi Marg, Mumbai-400 004 Lower Parel, Mumbai-400 011 (Appellant) (Respondent) Pan No. Aaccp1550F Appellant By : Shri Mohan Makjija, Ar Respondent By : Shri V Tripathi, Dr Date Of Hearing: 10.01.2022 Date Of Pronouncement : 16.03.2022 O R D E R Per Prashant Maharishi, Am: 01. This Appeal Is Field By Assessee Against The Order Passed By The Commissioner Of Income-Tax (Appeals)-13, Mumbai Dated 17Th March, 2020, Wherein The Addition Made By The Learned Assessing Officer Of ₹14,15,549/- Was Upheld. This Is Only The Grievance In This Appeal.

For Appellant: Shri Mohan Makjija, ARFor Respondent: Shri V Tripathi, DR
Section 143(3)Section 147Section 148

materials and other printing jobs. It filed its return of income on 31.08.2009 declaring income of ₹6,37,91,970/- . The assessment under section 143(3) of the income-tax Act, 1961 (hereinafter referred to as 'Act’) was passed on 7th December 2011 determining the total income of the assessee ... before the Assessing Officer. Accordingly, the learned Assessing Officer made the addition of 100% of the purchases and passed an assessment order under section 143(3) read with section 147 of the Act on 19th March 2015 at 6,52,77,600/-. 05. The above addition was contested before

Jt. CIT (OSD), CC -6 (3), Mumbai vs. Advent Developer Pvt. Ltd., Mumbai

The appeal of the revenue is dismissed

ITA 3066/MUM/2018[2010-11]Status: DisposedITAT Mumbai16 Mar 2022AY 2010-11

Bench: Shri Amarjit Singh, Am & Ms. Kavitha Rajagopal, Jm (Virtual Court Hearing) आयकरअपीलसं./ I.T.A. No. 3066/Mum/2018 (निर्धारणवर्ा / Assessment Year: 2010-11) M/S Advent Developers Jt. Cit (Osd), Cc-6(3) R. No. 1926, 19Th Floor, Pvt. Ltd. Cts-12A/28A, 12A/29 Tp Air India Bldg, Nariman बिधम/ 33, Advent Atria, Point, Mumbai-400 021 Vs. Chincholi Bunder Road, Malad(W), Mumbai-400 064 स्थायीलेखासं./जीआइआरसं./ Pan No. Aafca3158H (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant : Shri Vishwas Mehendale, Ld. Ar By प्रत्यथीकीओरसे/Respondent : Ms. Shailja Rai, Ld. Dr By सुनवाईकीतारीख/ : 02.02.2022 Date Of Hearing घोषणाकीतारीख / : 16.03.2022 Date Of Pronouncement आदेश / O R D E R Per Kavitha Rajagopal: This Appeal Filed By The Revenue Challenges The Impugned Order Dated 23.02.2018 Passed By Ld. Commissioner Of Income Tax (Appeals) – 54, Mumbai In Short Referred As „Ld. Cit(A)‟ In 2

For Appellant: Shri Vishwas MehendaleFor Respondent: Ms. Shailja Rai, Ld. DR by
Section 143(3)Section 153ASection 68

IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SHRI AMARJIT SINGH, AM, & Ms. KAVITHA RAJAGOPAL, JM (Virtual Court

Mrs. Saira Banu, Bangalore vs. Income Tax Officer, Ward-4(2)(2), Bangalore

In the result, the appeal filed by the assessee stands allowed on additional grounds raised

ITA 691/BANG/2020[2007-08]Status: DisposedITAT Bangalore16 Mar 2022AY 2007-08

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2007-08 Mrs. Saira Banu, The Deputy # N-42, 9Th “B” Main, Commissioner Of Lic Quarters, Income Tax, Jeevan Bhima Nagar, Circle – 7 [2], Bangalore – 560 075. Bangalore. Vs. Pan: Aebpb3345J Appellant Respondent Assessee By : Shri V. Srinivasan, Advocate : Shri Priyadarshi Mishra, Addl. Revenue By Cit (Dr) Date Of Hearing : 16-03-2022 Date Of Pronouncement : 16-03-2022 Order Per Beena Pillaipresent Appeal Has Been Filed By Assessee Against Order Dated 31.08.2020 Passed By Ld. Cit(A)-9, Bangalore For Assessment Year 2007-08 On Following Grounds Of Appeal: “1. The Orders Of The Authorities Below In So Far As They Are Against The Appellant, Are Opposed To Law, Equity, Weight Of Evidence, Probabilities, Facts & Circumstances Of The Case. 2. The Order Of Assessment Is Bad In Law In So Far As The Issues For Which The A.O. Initiated & Completed The Assessment Proceedings On The Basis Of The Details & Information Collected By Him Were Not Put To The Appellant & Thus, The Order Of Assessment Passed Is In Gross Violation Of The Principles Of Natural Justice & Thus, The Same Deserves To Be Cancelled.

For Appellant: Shri V. Srinivasan, Advocate
Section 143Section 143(2)Section 143(3)Section 234Section 251

IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH : BANGALORE BEFORE SHRI. CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL