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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)

Vishal Osatwal, Kolkata vs. D.C.I.T., Circle - 29(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 1217/KOL/2025[2014-2015]Status: DisposedITAT Kolkata10 Dec 2025AY 2014-2015

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2014-15 Vishal Osatwal………………..……..………………….……….……….……Appellant Ground Floor, 34/1U, Ballygunge Circular Road, Kol – 700019. [Pan: Aanpo2583R] Vs. Dcit, Circle-29(1), Kolkata………...…………………….....……...…..…..Respondent Appearances By: Shri Akkal Dudhwewala, Fca, Appeared On Behalf Of The Appellant. Shri S B Chakraborthy, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 01, 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 01.05.2025 Of The National Faceless Appeal Centre (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 2014–15. 2. Facts In Brief Are That The Assessee Had Filed His Return Of Income For The A.Y. 2014-15 On 30.07.2014 Declaring A Total Income Of Rs.17,62,746/-. The Case Of The Assessee Was Selected For Scrutiny & During The Course Of Assessment Proceedings, The Assessee Filed Revised Computation Of Income Offering Additional Income Of Rs.74,62,846/- Being Ltcg Claimed As Exempt In The Original Return Of Income. The Assessment U/S. 143(3) Of The Act Was Completed On 20-10-2016 Determining The Assessee'S Total Income At Rs.92,97,450/- By Making Addition Of Rs.74,62,846/- On Account Of Disallowance Of Ltcg & Disallowance Of Legal Expenses Of Rs. 3,809/-. In Respect Of Both These Vishal Osatwal Additions, The Assessing Officer Also Initiated Penalty Proceedings U/S. 271(1)(C) Of The Act.

Section 143(3)Section 250Section 271(1)(c)Section 271ASection 274

आयकर अपील"य अ"धकरण, कोलकाता पीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH KOLKATA Before Shri Rajesh

Vivek Kamalkar Kadam, Virar West vs. Income Tax Officer, Thane

In the result, the appeal of the assessee is allowed

ITA 6162/MUM/2025[ 2016-2017]Status: DisposedITAT Mumbai10 Dec 2025

Bench: Hon’Ble Justice (Retd.) C. V. Bhadang & Shri Vikram Singh Yadavassessment Year : 2016-17 Vivek Kamalkar Kadam Income Tax Officer, Namasthetubunglow No. 2, Ashar It Park, 6Th Floor Road, Padmavati Nagar Phase 4, Near Vs. 16Z, Wagale Industrial Road, Mamta Super Market, Bolinj, Thane – 400604, Maharashtra. Virar West, Vasai – Virar, Maharashtra – 401305. [Pan: Adqpk2053E] (Appellant) (Respondent) For Assessee : Shri Jitendra Singh For Revenue : Shri Brajendra Kumar, Sr.Dr Date Of Hearing : 02-12-2025 Date Of Pronouncement : 10-12-2025 Order Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Addl/Jcit(A)-6, Delhi, Dated 30-07-2025, Pertaining To Assessment Year (Ay) 2016-17, Wherein The Assessee Has Taken The Following Grounds Of Appeal: “1. On Facts & Circumstances Of The Case & In Law, The Learned Cit(A) Erred In Sustaining Addition Of 12,50,000/- U/S 69A Of The Act, Being Part Of Loan Repayment, Ignoring That The Appellant Had Discharged The Initial Burden By Providing Comprehensive Evidence Of The Source, Including Affidavit, Confirmation, Itr & Audited Accounts Of Shri Shaikh, Which Establish Identity, Genuineness & Creditworthiness Of The Transaction.

For Appellant: Shri Jitendra SinghFor Respondent: Shri Brajendra Kumar, Sr.DR
Section 133(6)Section 143(1)Section 143(3)Section 234BSection 271(1)(c)Section 69A

unexplained money under section 69A of the Act and the total assessed income was determined at Rs.25,02,690/- under section 143(3) of the Act, and penalty proceedings under section 271(1)(c) were also initiated separately. 6.2 Aggrieved by the said assessment order dated 28.12.2018, the appellant. preferred

Radheshyam Shyamlal Gupta, Mumbai vs. Income Tax Officer, WD-11(2)(2), Mumbai

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

ITA 6103/MUM/2025[2012-13]Status: DisposedITAT Mumbai10 Dec 2025AY 2012-13

Bench: Justice (Retd.) Shri C.V. Bhadang & Shri Vikram Singh Yadavassessment Year : 2012-13 Radheshyam Shyamlal Gupta, Income Tax Officer, 5Th Floor, Ward-11(2)(2), Anuradha Satyamurty Residency Vs. Aayakar Bhavan, Plot No.16, N.S. Road No.11, M.K.Road, Jvpd Scheme, Juhu, Mumbai-400020. Mumbai-400049. Pan : Aabpg4019L (Appellant) (Respondent) For Assessee : Shri Jay Thakkar For Revenue : Shri Brajendra Kumar Date Of Hearing : 02-12-2025 Date Of Pronouncement : 10-12-2025 O R D E R Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-National Faceless Appeal Centre (Nfac), Delhi [„Ld.Cit(A)‟], Dated 04-07-2025, Pertaining To Assessment Year (Ay) 2012-13. 2. Briefly Stated, Facts Of The Case Are That Assessment In This Case Was Completed U/S. 143(3) R.W.S. 147 Of The Income Tax Act, 1961 („The Act‟), Wherein The Ao Has Determined The Long Term Capital Gain At Rs. 37,21,230/-, Being The 50% Share Of The Assessee In Respect Of Transfer Of 2 Property, Namely, Flat No. 2A & 2B, Anuradha Satyamurty Residency, Plot No.16, 11Th Road, Juhu, Vile Parle (West), Mumbai, Which The Assessee Has Sold Jointly With His Wife, Mrs. Shubhadra R. Gupta. The Assessee Thereafter Carried The Matter In Appeal Before The Ld.Cit(A), Who Has Since Sustained The Order Of The Ao & Dismissed The Appeal Filed By The Assessee On Account Of Delay. Against The Said Order, The Assessee Is In Appeal Before Us.

For Appellant: Shri Jay ThakkarFor Respondent: Shri Brajendra Kumar
Section 143(3)

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI “SMC” BENCH : MUMBAI BEFORE JUSTICE (RETD.) SHRI C.V. BHADANG, PRESIDENT AND SHRI VIKRAM

Rajesh Mohan Singh Hajari, Mumbai vs. ITO Ward 16(3)(1), Mumbai

In the result, ground No. 3 of assessee‟s appeal is allowed

ITA 5157/MUM/2025[2014-15]Status: DisposedITAT Mumbai10 Dec 2025AY 2014-15

Bench: Justice (Retd.) Shri C.V. Bhadang & Shri Vikram Singh Yadavassessment Year : 2014-15 Rajesh Mohan Singh Hajari, Income Tax Officer, Type 4 B/293, Ward-16(3)(1), Dr. Bam Hosp., Vs. Aayakar Bhavan, Byculla, Mumbai-400020. Mumbai-400030. Pan : Aazph4367E (Appellant) (Respondent) For Assessee : Shri Shailesh Bandi For Revenue : Shri Kavan N. Limbasiya, Sr.Dr Date Of Hearing : 03-12-2025 Date Of Pronouncement : 10-12-2025 O R D E R Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-National Faceless Appeal Centre (Nfac), Delhi [„Ld.Cit(A)‟], Dated 21-07-2025, Pertaining To Assessment Year (Ay) 2014-15, Wherein The Assessee Has Taken The Following Grounds Of Appeal: “1. On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Grossly Erred In Confirming The Action Of The Ao Of Reopening The Case Under Section 148 Of The It Act, 1961. 2. On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Grossly Erred In Confirming The Action Of The Ao, The Reassessment Order

For Appellant: Shri Shailesh BandiFor Respondent: Shri Kavan N. Limbasiya, Sr.DR
Section 142(1)Section 143(3)Section 147Section 148

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI “SMC” BENCH : MUMBAI BEFORE JUSTICE (RETD.) SHRI C.V. BHADANG, PRESIDENT AND SHRI VIKRAM