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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)

Golden Goenka Credit Pvt. Ltd., Kolkata vs. Pr. CIT (Central) - 2, Kolkata

In the result, the appeal of the assessee is allowed

ITA 787/KOL/2025[2021-2022]Status: DisposedITAT Kolkata05 Dec 2025AY 2021-2022

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2021-22 Golden Goenka Credit Pvt. Ltd.……..………………….……….……….……Appellant 24 Magma House, 10Th Floor, 24, Park Street, Park Centre, W.B. – 700016.. [Pan: Aaccr3964K] Vs. Pcit (Central) -2, Kolkata…………...…………………….....……...…..…..Respondent Appearances By: Miraj D Shah, Ar, Appeared On Behalf Of The Appellant. P N Barnwal, Cit - Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 11, 2025 Date Of Pronouncing The Order : December 05, 2025 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 28.03.2025 Of The Principal Cit (Central)-2, Kolkata [Hereinafter Referred To As “The Pcit”) Exercising His Revision Jurisdiction U/S 263 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2021–22. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Assessment Year 2021-22 Showing Loss Of Rs.10,36,29,610/- & Deemed Total Income U/S 115Jb Of The Act At Nil. A Search & Seizure Operation U/S 132 Of The Act Was Conducted On 18.12.2021 In The Cases Of Raj Group & Others By Dit(Inv.). The Return Of Income Of The Assessee Was Selected For Scrutiny & After Going Over The Submission Made By The Assessee & Notices U/S 143(2) & Golden Goenka Credit Pvt. Ltd 142(1) Were Issued. However, The Assessing Officer Assessed Total Income Of The Assessee At A Loss Of Rs.10,36,29,610/- & Further Assessed The Income Of Book Profit U/S 115Jb Of The Act As Nil. The Ld. Pcit By Exercising His Revisional Jurisdiction U/S 263 Of The Act Has Found That The Discrepancies On The Following Issues:

Section 115JSection 132Section 133(6)Section 143(2)Section 263

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

Damodaram Suresh, Gobichettipalayam vs. ITO, Ward 1(1), Erode

In the result, the appeal of the assessee is dismissed

ITA 2715/CHNY/2024[2017-18]Status: DisposedITAT Chennai05 Dec 2025AY 2017-18

Bench: Hon’Ble Shri Manu Kumar Giri & Shri Hon’Ble S.R. Raghunathaआयकर अपील सं./ Ita No.2715/Chny/2024 ननिाारण वर्ा /Assessment Year: 2017-18 Damodaran Suresh, The Income Tax Officer, Prop. Sumy Electronic, Vs. Ward-1(1), No.52, Main Road, Erode. Gobichettipalayam Tamil Nadu - 638 452. [Pan: Aijps3460M] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Appellant By : Mr.Girish Kumar, Advocate प्रत्यर्थी की ओर से /Respondent By : Mr.Bipin, C.N, Cit सुनवाई की तारीख/Date Of Hearing : 08.09.2025 घोर्णा की तारीख /Date Of Pronouncement : 05.12.2025 आदेश / O R D E R Per Manu Kumar Giri (): The Captioned Appeal Filed By The Assessee Is Directed Against Order Of The Ld. Principal Commissioner Of Income Tax, Coimbatore-1 [Pcit] Dated 09.02.2024 For Assessment Year 2017-18. 2. There Is A Delay Of 198 Days In Filing This Appeal. The Assessee Has Filed Petition Along With Affidavit For Condonation Of Delay Stating Damodaram Suresh :- 2 -: Therein The Reasons For Belated Filing Of The Appeal. On Perusal Of The Aforesaid Reasons In The Condonation Application, We Are Of The View That There Is Sufficient Cause For Belated Filing Of This Appeal. Hence, We Condone The Delay In Filing This Appeal & Proceed To Dispose Of The Appeals On Merits.

For Appellant: Mr.Girish Kumar, AdvocateFor Respondent: Mr.Bipin, C.N, CIT
Section 143(3)Section 263Section 4Section 40A(3)

controversy the following chart would be helpful: Sl. Event Date No Return of income filed 1 25.10.2017 Scrutiny assessment order passed under Section 143(3) of 2 31.12.2019 the Act Revision order of the PCIT – Coimbatore in setting aside the 3 25.03.2022 scrutiny assessment order dated 31.12.2019 (1st Round arising