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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)

Avishkar Nirman Pvt. Ltd., Kolkata vs. I.T.O., Ward - 13(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 2302/KOL/2025[2013-2014]Status: DisposedITAT Kolkata11 Dec 2025AY 2013-2014

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.2302/Kol/2025 (निर्धारण वर्ा / Assessment Year : 2013-2014) Avishkar Nirman Private Ltd, Vs Ito Ward-13(1), Kolkata 7, Tara Chand Dutta Street, 3Rd Floor, Kolkata-700073 Pan No. :Aagca 5075 Q (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By Shri Manoj Kataruka, Advocate रधजस्व की ओर से /Revenue By : Shri Santanu Ghosh, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 11/12/2025 घोषणा की तारीख/Date Of Pronouncement : 11/12/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 16.09.2025 For The Assessment Year 2013-2014. 2. It Was Submitted By The Ld.Ar That The Assessee Is Challenging The Reopening Of The Assessment. It Was Submission That The Original Assessment U/S.143(3) Of The Act Came To Be Completed In The Case Of The Assessee On 28/01/2016. It Was Submission That Notice U/S.148 Of The Act Had Been Issued To The Assessee On 19/03/2020. It Was He Submission That This Was Beyond The Period Of 4 Years From The End Of The Relevant Assessment Year. It Was Submission That The In View Of Provision Of Section 147 Of The Act, The Ao Must Record The Failure On The Part Of The Assessee To Disclose Truly & Fully All Material Facts As Required For The Assessment.

For Respondent: Shri Santanu Ghosh, Sr. DR
Section 14(3)Section 143(3)Section 147Section 148

IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, KOLKATA BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT

Ankur Dealcom P. Limited, Kolkata vs. ITO, Ward 10(2), Kolkata

In the result, the appeal of the assessee is allowed

ITA 2204/KOL/2025[2021-2022]Status: DisposedITAT Kolkata11 Dec 2025AY 2021-2022

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.2204/Kol/2025 (निर्धारण वर्ा / Assessment Year : 2021-2022) Ankur Dealcom P. Limited, Vs Ito Ward-10(2), Kolkata C/O S.N.Ghosh & Associates, Advocates, 2, Garstin Place, 2Nd Floor, Suite No.203, Off Hare Street, Kolkata-700001 Pan No. :Aahca 2447 F (अपीलधर्थी /Appellant) (प्रत्यर्थी / Respondent) .. निर्धाररती की ओर से /Assessee By Shri Somnath Ghosh, Ar रधजस्व की ओर से /Revenue By : None सुनवाई की तारीख / Date Of Hearing : 11/12/2025 घोषणा की तारीख/Date Of Pronouncement : 11/12/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 22.07.2025 For The Assessment Year 2021-22. 2. It Was Submitted By The Ld.Ar That The Impugned Assessment Order Would Not Survive, Insofar As In The Order U/S.263 Of The Act Against The Said Assessment Order, The Coordinate Bench Of The Tribunal Has Categorically Held That The Notice U/S.143(2) Of The Act, Dated 20.06.2022 Which Is Culminated In The Assessment Order Dated 23.12.2022, Which Is An Impugned Assessment Order Would Not Survive, Insofar As Notice U/S.143(2) Of The Act Was Not In Conformity With The Cbdt Instruction F.No.225/157/2017/Ita-Ii Dated 23-06-2017. It Was The Submission That As Against The Order U/S.263 Of The Act The Coordinate Bench Of The Tribunal

For Respondent: None
Section 12ESection 143(2)Section 143(3)Section 263

IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, KOLKATA BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT

International Seaport (Haldia) Pvt. Ltd., Kolkata vs. ACIT, Cir-12(1), Kolkata

In the result, appeal of the assessee is allowed

ITA 328/KOL/2023[2018-19]Status: DisposedITAT Kolkata11 Dec 2025AY 2018-19

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.328/Kol/2023 (निर्धारण वर्ा / Assessment Year : 2018-2019) International Seaport (Haldia) Vs Acit, Circle-12(1), Kolkata Private Limited, C/O S.N.Ghosh & Associates, Advocates, 2, Garstin Place, 2Nd Floor, Suite No.203, Off Hare Street, Kolkata-700001 Pan No. :Aaci 9468 D (अपीलधर्थी /Appellant) (प्रत्यर्थी / Respondent) .. निर्धाररती की ओर से /Assessee By Shri Somnath Ghosh, Ar रधजस्व की ओर से /Revenue By : Shri Santanu Ghosh, Sr.Dr सुनवाई की तारीख / Date Of Hearing : 11/12/2025 घोषणा की तारीख/Date Of Pronouncement : 11/12/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 06.02.2023 For The Assessment Year 2018-2019. 2. It Was Submitted By The Ld.Ar That Two Issues Are Involved In The Assessee’S Appeal, One Is The Denial Of The Deduction U/S.80Ia Of The Act In Respect Of Miscellaneous Income To An Extra Rs.4,99,372/- & The Second Issue Was Disallowance Of The Disallowance Of The Amortization Of The Leasehold Rent Allegedly By The Ao Claiming The Same To Be Claim Of Depreciation To An Extent Of Rs.42,32,776/-. It Was Submission That In Respect Of The One Number Imported Slewing Ring Roller Bearing From The Original Manufacturer Of The Same I.E. Rothe Erde, Germany, Which Was An Important & Expensive Spare Required For The Operation Of The Stacking &

For Respondent: Shri Santanu Ghosh, Sr.DR
Section 143(3)Section 80Section 80I

IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, KOLKATA BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT