← All Phrases

“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)

Jhansi Lakshmi Ramanadham, Hyderabad vs. ITO., Ward-8(1), Hyderabad

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 886/HYD/2025[2015-16]Status: DisposedITAT Hyderabad10 Dec 2025AY 2015-16

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.886/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2015-16) Smt. Jhansi Lakshmi Vs. Income Tax Officer Ramanadham Ward 8 (1) Hyderabad Hyderabad Pan:Acbpr3566K (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Advocate S. Sandhya राज" व "ारा/Revenue By:: Shri Arun Kumar, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 04/12/2025 घोषणा की तारीख/Pronouncement: 10/12/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Smt. Jhansi Lakshmi Ramanadham, (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)”) Dated 30.05.2024 For The A.Y 2015-16. 2. At The Outset, It Is Seen That There Is A Delay Of 292 Days In Filing The Present Appeal Before This Tribunal. The Assessee Has Filed An Affidavit Explaining The Reasons For The Delay. The Learned Authorized Representative (“Ld. Ar”) Submitted That The Assessee Is Page 1 Of 12

For Appellant: Advocate S. SandhyaFor Respondent: : Shri Arun Kumar, Sr. DR

capital gain at Rs.5,76,30,047/-. Page 8 of 12 ITA No 886 of 2025 Jhansi Lakshmi Ramanadham Consequently, the assessment under section 143(3) of the Act was completed by the Ld. AO on 29.12.2017 determining the total income of the assessee at Rs.5

Parexel International (Irl) Limited, Ireland vs. ADIT (Int Taxn)-2, Hyderabad

In the result, the appeal of the assessee is allowed in terms of our aforesaid observations

ITA 447/HYD/2023[2020-21]Status: DisposedITAT Hyderabad10 Dec 2025AY 2020-21

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.447/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2020-21) Parexel International Vs. Additional Director Of (Irl) Limited, Ireland Income Tax Pan:Aaicp4417B Hyderabad (Appellant) (Respondent) िनधा"रती "ारा/Assessee By: Advocate Kanchun Kaushal राज" व "ारा/Revenue By:: Smt. U Mini Chandran, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 19/11/2025 घोषणा की तारीख/Pronouncement: 10/12/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Parexel International (Irl) Limited, Ireland (“The Assessee”), Feeling Aggrieved By The Assessment Order Passed By The Learned Adit (Int. Taxation)-2, Hyderabad (“Ld. Ao”) Dated 07.07.2023 For The A.Y 2020-21. 2. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Advocate Kanchun KaushalFor Respondent: : Smt. U Mini Chandran
Section 143(3)Section 144CSection 144C(13)Section 144C(5)Section 153Section 153(1)Section 153(4)Section 92C

facts and circumstances of the case and in law, the final assessment order dated 07 July 2023 passed by the Ld. AO under section 143(3) r.w.s 144C(13) of the Act, having been passed beyond the limitation period provided in terms of section 153 of the Act, is void ... dispute about the facts that the final assessment order was passed by the Ld. AO on 07.07.2023, the draft assessment order under section 143(3) read with section 144C(1) of the Act was passed on 30.09.2022, and the directions of Ld. DRP under section 144C

Bmc Electroplast Private Limited, Kolkata vs. A.C.I.T., Circle - 2(1), Kolkata

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 1871/KOL/2025[2017-2018]Status: DisposedITAT Kolkata10 Dec 2025AY 2017-2018

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2017-18 Bmc Electroplast Pvt. Ltd…..……..………………….……….……….……Appellant 130/22, Bakrahat Road, B S Industrial Estate, Hanspukur, South 24 Parganas, Kol – 700104. [Pan: Aabcb0407E] Vs. Acit, Circle-2(1), Kolkata…………...…………………….....……...…..…..Respondent Appearances By: Rip Das, Ca, Appeared On Behalf Of The Appellant. Ruchika Sharma, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 04, 2025 Date Of Pronouncing The Order : December 10, 2025 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 31.12.2024 Of The Cit(Appeal), Addl/Jcit(A), Agra (Hereinafter Referred To As The “Cit(A)”) Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2017–18. 2. Brief Facts Of The Case Are That In This Case, The Assessee Filed Its Return Of Income For A.Y 2017-18 On 04/11/2017 Declaring A Total Loss Of Rs. 1,60,82,362/-. The Case Was Selected For Scrutiny Through Computer Assisted Scrutiny Selection (Cass). The Assessing Officer Completed The Assessment Under Section 143(3) Of The Act Determining The Total Loss At Rs. 65,20,241/- After Making Certain Disallowances As Follows: Bmc Electroplast Pvt. Ltd A) Disallowance Of Excess Claim Of Deduction U/S 35(2Ab) Amounting To Rs. 56,73,734/-

Section 143(3)Section 250Section 35Section 36(1)(va)Section 40

case was selected for scrutiny through Computer Assisted Scrutiny Selection (CASS). The Assessing Officer completed the assessment under section 143(3) of the Act determining the total loss at Rs. 65,20,241/- after making certain disallowances as follows: BMC Electroplast Pvt. Ltd a) Disallowance of excess claim of deduction