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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. Chemstar Organics (India) Ltd., Mumbai vs. The Dy.CIT, Central Circle-1(1), Baroda

In the result, the appeals filed by the assessee are partly allowed

ITA 2493/AHD/2014[1998-99]Status: DisposedITAT Mumbai22 Feb 2022AY 1998-99

Bench: Shri M. Balaganesh, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. Nos. 2493 & 2494/Ahd/2014 (निर्धारण वर्ा / Assessment Years: 1998-99 & 2010-11) बिधम/ M/S. Chemstar Organics (India) Dcit, Central Circle-1(1) Ltd. Baroda. Vs. 4Th Floor, Pnb House, Sir P. M. Road, Fort, Mumbai-400001. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacc9210F (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Satish Modi Revenue By: Shri Mehul Jain (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 21/12/2021 घोषणा की तारीख /Date Of Pronouncement: 22/02/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Above Mentioned Appeals Against The Different Order Passed By The Commissioner Of Income Tax (Appeals) -01, Baroda [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Ys. 1998-99 & 2010-11. Ita. No.2493/Ahd/2014 2. The Assessee Has Filed The Present Appeal Against The Order Dated 09.06.2014 Passed By The Commissioner Of Income Tax (Appeals) -01, Baroda [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.1998-99 Wherein The Penalty Levied By The Ao Has Been Ordered To Be Confirmed. 3. The Assessee Has Raised The Following Grounds: -

For Appellant: Shri Satish ModiFor Respondent: Shri Mehul Jain (Sr. AR)
Section 143(1)Section 143(3)Section 144Section 271

IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI M. BALAGANESH, AM AND SHRI AMARJIT SINGH, JM आयकर

Joynet Developers LLP, Mumbai vs. Pr.CIT-27, Navi Mumbai

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

ITA 868/MUM/2021[2016-17]Status: DisposedITAT Mumbai21 Feb 2022AY 2016-17

Bench: Shri Amarjit Singh, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No. 868/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2016-17) Joynet Developers Llp बिधम/ Pr. Cit Room No. 401, 4Th Floor, 101/B, Bellona, Pant Nagar, Vs. 90 Feet Road, Ghatkopar Tower No.6, Vashi Station East, Mumbai-400075. Complex, Vashi-400703. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aamfk0186D (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Hemant Shah Revenue By: Shri Achal Sharma (Dr) सुनवाई की तारीख / Date Of Hearing: 17/01/2022 घोषणा की तारीख /Date Of Pronouncement: 21/02/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 25.03.2021 Passed By The Principal Commissioner Of Income Tax(“Pcit”)- 27, Mumbai [Hereinafter Referred To As The “(Pcit)”] In View Of The Provisions U/S 263 Of The Act. 2. The Assessee Has Raised The Following Grounds: - “The Following Grounds Are Independent Of & Without Prejudice To One Another: 1. On The Facts & Circumstances Of The Case & In Law, The Learned Principal Commissioner Of Income Tax, Mumbai-27 Has Erred In Setting Aside The Order Passed U/S 143(3) Of The Act By The Learned

For Appellant: Shri Hemant ShahFor Respondent: Shri Achal Sharma (DR)
Section 143(3)Section 263

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

M/S. Translands Infrastructure Developers P. Ltd., Navi Mumbai vs. Dy CIT-15(3)(1), Mumbai

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

ITA 1676/MUM/2020[2012-13]Status: DisposedITAT Mumbai21 Feb 2022AY 2012-13

Bench: Shri Amarjit Singh, Jm & Amarjit Singh, Am आयकर अपील सं/ I.T.A. No. 1676/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2012-13) M/S. Translands Infrastructure बिधम/ Dcit-15(3)(1) Developers Pvt. Ltd. Room No.451, Aayakar Vs. Office No. A-702, 7Th Floor, Bhavan, M. K. Marg, Everest Nivara Infotech Park, Mumbai-400020. Plot No.D/3, Ttc Industrial Area, Midc, Turbhe, Navi Mumbai-400705. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadct0036B (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri J. P. Bairagra Revenue By: Shri S. N. Kabra (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 24/01/2022 घोषणा की तारीख /Date Of Pronouncement: 21/02/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 25.02.2020 Passed By The Commissioner Of Income Tax (Appeals) -24, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2012- 13. 2. The Assessee Has Raised The Following Grounds: - “1. Ld. Cit (A) Erred In Upholding The Reopening Of Assessment U/S 147 Of The Income Tax Act. A.Y.2012-13 2. Ld. Cit (A) Erred In Upholding The Reassessment U/S 147 Which Was Reopened By Ao On The Basis Of Borrowed Satisfaction I.E. Merely On The Basis Of Information Received In Letter From Dy. Dit (Inv.) In Respect Of Search & Seizure U/S 132 Of The Act In The Case Of Shri Vipul Vidur Bhatt Without Application Of His Own Mind Before Issue Of Notice U/S 148. 3. The Ld Cit (A) Erred In Upholding The Reassessment U/S 147 Reopened By Ao Without Taking The Requisite Approval From The Principal Commissioner U/S 151(1) Of The Income Tax Act, 1961 By Recording The Satisfaction That It Is A Fit Case For Reopening On The Basis Of Reasons For Reopening Recorded By The Ld Ao As No Exact Copy Of The Said Approval Has Been Given To The Appellant.

For Appellant: Shri J. P. BairagraFor Respondent: Shri S. N. Kabra (Sr. AR)
Section 132Section 132(4)Section 143(1)Section 143(3)Section 147Section 148Section 151(1)Section 68

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