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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)

Ericsson India Pvt. Ltd., New Delhi vs. ACIT, New Delhi

In the result, the appeal filed by the assessee is dismissed

ITA 1700/DEL/2016[2011-12]Status: DisposedITAT Delhi09 Feb 2022AY 2011-12

Bench: Shri R.K. Panda & Shri Yogesh Kumar Usassessment Year: 2011-12 Ericsson India Pvt. Ltd., Vs Acit, 4Th Floor, Dhaka House, Circle-8(2), 18/17, Wea, Pusa Lane, Cr Building, Karol Bagh, New Delhi. New Delhi. Pan: Aaace0138N (Appellant) (Respondent) Assessee By : Ms Sumisha Murgai, Ar Revenue By : Shri Surender Pal, Cit, Dr Date Of Hearing : 09.02.2022 Date Of Pronouncement : 09.02.2022 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Passed U/S 144C R.W.S. 143(3), Dated 29.01.2016, Relating To Assessment Year 2011-12. 2. The Ld. Counsel For The Assessee Filed An Application Seeking Withdrawal Of The Appeal On The Ground That The Assessee Has Entered Into A Unilateral Advance Pricing Agreement With The Cbdt On 4Th December, 2019 In Respect Of The International Transactions Undertaken By The Assessee. The Subject International Transaction Which Is Currently Under Dispute Includes Receipt Of Second Line Support Services By The Assessee From Its Aes. She Accordingly Submitted That The Assessee Wants To Withdraw The Appeal. In Absence Of Any Objection From The Side Of The Ld. Dr, The Request Of The Assessee Seeking Permission Of The Bench For Withdrawal Of The Appeal Is Allowed & The Appeal Filed By The Assessee Is Dismissed As ‘Withdrawn.’

For Appellant: Ms Sumisha Murgai, ARFor Respondent: Shri Surender Pal, CIT, DR
Section 144C

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : I-1 : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI