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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)

Sri Ganraj Buildcon Private Limited, New Delhi vs. ACIT (OSD) Ward - 24(2), New Delhi

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1760/DEL/2020[2016-17]Status: DisposedITAT Delhi04 Aug 2021AY 2016-17

Bench: Shri R.K. Pandaassessment Year: 2016-17 Sri Ganraj Buildcon Private Ltd., Vs. Acit (Osd), H-255, Phase-I, Ward-24(2), Ashok Vihar, New Delhi. New Delhi. Pan: Aavcs3068C (Appellant) (Respondent) Assessee By : None Revenue By : Shri R.K. Gupta, Sr.Dr Date Of Hearing : 04.08.2021 Date Of Pronouncement : 04.08.2021 Order This Appeal By The Assessee Is Directed Against The Ex Parte Order Dated 18Th February, 2020 Of The Cit(A)-8, New Delhi, Relating To Assessment Year 2016-17. 2. Notice Issued Through Registry Was Returned Unserved By The Postal Authorities With The Remark “Left Without Address.” Therefore, This Appeal Is Being Decided On The Basis Of Material Available On Record & After Hearing The Ld. Dr. 3. Although A Number Of Grounds Of Appeal Have Been Raised By The Assessee, These All Relate To The Ex Parte Order Of The Cit(A) In Confirming The Addition Of Rs.26,22,300/- Made By The Ao In The Order Passed U/S 143(3) Of The It Act, 1961. 4. Facts Of The Case, In Brief, Are That The Assessee Is A Private Limited Company & Is Engaged In The Business Of Real-Estate Developers, Builders, Engineers, Surveyors, Contractors, Etc. It Filed Its Return Of Income On 28Th March, 2017 Declaring The Total Income At Rs.32,840/-. The Case Of Assessee Was Selected For Limited Scrutiny Under Cass For The Following Reasons:- “(I) “High Cash In Hand Shown In Balance Sheet As Compared To Preceding Year & Return Of Income Filed After 07.11.2016. Whether Cash In Hand Shown In Return Of Income Is Correct” & (Ii) “Large Investment In Property As Compared To Total Income & Whether Investment & Income Relating To Properties Are Duly Disclosed".

For Appellant: NoneFor Respondent: Shri R.K. Gupta, Sr.DR
Section 142(1)Section 143(3)Section 68

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : SMC : NEW DELHI (Through Virtual Hearing) BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER