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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. Finastra Software Solutions (India) Private Limited, Bengaluru vs. Assistant Commissioner of Income Tax, Circle-4(1)(2), Bengaluru

In the result, appeal of the assessee is partly allowed

ITA 2695/BANG/2017[2013-14]Status: DisposedITAT Bangalore21 Dec 2021AY 2013-14

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariit(Tp)A No.2695/Bang/2017 Assessment Year : 2013-14 M/S. Finastra Software Solutions (India) Vs. The Acit, Private Limited, Circle - 4(1)(2), [Formerly Known As Misys Software Solutions Bengaluru. (India) Pvt. Ltd.,], 4Th To 6Th Floor, North Tower, Virgo Building, Bagmane Constellation, Bengaluru – 500 037. Pan : Aaack 9067 G Assessee Respondent Assessee By : Shri. T. Suryanarayana, Advocate Respondent By : Shri. Arunkumar, Cit(Tp-2)(Dr)(Itat), Bengaluru Date Of Hearing : 16.12.2021 Date Of Pronouncement : 21.12.2021 O R D E R Per N. V. Vasudevan: This Is An Appeal By The Assessee Against The Final Order Of Assessment Dated 06.10.2017 Of Acit, Circle – 4(1)(2), Bengaluru, Passed Under Section 143(3) R.W.S. 144C(B) Of The Income Tax Act, 1961 (Act) In Relation To Ay 2013-2014. 2. The Issue That Arises For Consideration In The Above Appeal Pertains To The Aggregate Transfer Pricing Adjustment (“Tp Adjustment”) Of Rs.14,33,66,140/- Made By The Transfer Pricing Officer (‘The Tpo’ For Short) Towards The International Transactions Of Provision Of Software Development Services (Rs.13,56,24,957/-) & Information Technology Enabled Services

For Appellant: Shri. T. Suryanarayana, AdvocateFor Respondent: Shri. Arunkumar, CIT(TP-2)(DR)(ITAT), Bengaluru
Section 143(3)Section 92

appeal by the assessee against the final Order of Assessment dated 06.10.2017 of ACIT, Circle – 4(1)(2), Bengaluru, passed under section 143(3) r.w.s. 144C(B) of the Income Tax Act, 1961 (Act) in relation to AY 2013-2014. 2. The issue that arises for consideration in the above