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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)

V.B. Builders, New Delhi vs. DCIT, Circle-2, Ghaziabad

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

ITA 2059/DEL/2018[2013-14]Status: DisposedITAT Delhi27 Jul 2021AY 2013-14

Bench: Shri R.K. Panda & Shri Amit Shuklaassessment Year: 2013-14 V.B. Builders, Vs Dcit, C/O Praveen Aggarwal & Co.,Cas, Circle-2, 23, Bhai Veer Singh Marg, Ghaziabad. Gole Market, New Delhi. Pan: Aagfv0254P (Appellant) (Respondent) Assessee By : Shri Kvsr Krishnan, Ca Revenue By : Shri N.K. Bansal, Sr. Dr Date Of Hearing : 19.07.2021 Date Of Pronouncement : 27.07.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 31St January, 2018 Of The Cit(A), Ghaziabad, Relating To Assessment Year 2013-14. 2. Levy Of Penalty Of Rs.6,63,960/- By The Ao U/S 271(1)(C) Of The It Act, 1961 Which Has Been Upheld By The Cit(A) Is The Only Issue Raised By The Assessee In The Grounds Of Appeal. 3. Facts Of The Case, In Brief, Are That The Assessee Is A Partnership Firm Engaged In The Business Of Real Estate. It Filed Its Return Of Income On 29Th October, 2013 Declaring Total Income At Rs.1,78,80,820/-. The Ao Completed The Assessment U/S 143(3) Of The It Act, 1961 On 30Th December, 2015 Determining The Total Income Of The Assessee At Rs.2,00,28,920/- Wherein He Made An Addition Of Rs.21,48,102/- By Estimating The Profit At 14.5% As Agreed By The Assessee For Such Estimation. Subsequently, The Ao Initiated Penalty Proceedings U/S 271(1)(C) Of The Act. Rejecting The Various Explanations Given By The Assessee & Distinguishing The Various Decisions Cited Before Him, The Ao Levied Penalty Of Rs.6,63,763/- Being 100% Of Tax Sought To Be Evaded.

For Appellant: Shri KVSR Krishnan, CAFor Respondent: Shri N.K. Bansal, Sr. DR
Section 143(3)Section 271(1)(c)

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