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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)

Agrata Real Estate Private Limited, Thane West vs. ACIT, CC-2(2), Mumbai

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

ITA 5820/MUM/2025[2017-18]Status: DisposedITAT Mumbai27 Nov 2025AY 2017-18

Bench: Shri Narender Kumar Choudhry, Jm Agarta Real Estate Private Limited Acit, Cc-2(3), Mumbai A-02, Mahavir Darshan Chs Ltd., Shanti Park, Mahavir Darshan Bldg.-X- Vs. 31/32, Mira Road, East, Thane – 401107. Pan/Gir No. Aahca2834J (Appellant) : (Respondent) Assessee By : Shri Neeraj Mangla (Virtually Appear) : Shri Vinod Kumar V, Sr. Dr Respondent By : 20.11.2025 Date Of Hearing Date Of Pronouncement : 27.11.2025 O R D E R Per Narender Kumar Choudhry, J M: This Appeal Has Been Preferred By The Assessee Against The Order Dated 13.08.2025, Impugned Herein, Passed By The Ld. Commissioner Of Income Tax (Appeals) 48, Mumbai (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2017-18. 2. In The Instant Case, The Assessee Declared Its Total Income At Rs. ‘Nil’ By Filing Its Return Of Income On Dated 17.03.2018, Which Was Subsequently Selected For Limited Scrutiny Under Cass By Issuing Notice Dated 09.08.2018, U/S. 143(2) Of The Act, For The Following Issues:

For Appellant: Shri Neeraj Mangla (Virtually appear)For Respondent: 20.11.2025
Section 115BSection 142(1)Section 143(2)Section 143(3)Section 250Section 69A

IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SHRI NARENDER KUMAR CHOUDHRY, JM Agarta Real Estate Private Limited

Purav Mahendra Mehta, Mumbai vs. Circle 24(1), Mumbai

ITA 5539/MUM/2025[2015-16]Status: DisposedITAT Mumbai27 Nov 2025AY 2015-16

Bench: Shri Vikram Singh Yadav & Shri Raj Kumar Chauhanassessment Year : 2015-16 Purav Mahendra Mehta, Circle-24(1), 501/502, Piramal Chamber, Samrath Prasad Vs. Mumbai-400012. Lokhandwala Circle, Andheri (W), Mumbai-400053. Pan : Aalpm3127B (Appellant) (Respondent) For Assessee : Shri Rajesh S. Shah For Revenue : Shri Virabhadra Mahajan, Sr.Dr Date Of Hearing : 18-11-2025 Date Of Pronouncement : 27-11-2025 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 08-09-2024, Pertaining To Assessment Year (Ay) 2015-16. 2. Briefly Stated, Facts Of The Case Are That The Assessment In This Case Was Completed U/S. 143(3) Of The Income Tax Act, 1961 („The Act‟), Vide Order Dt. 21-12-2017, Wherein The Ao Has Brought To Tax Capital Gains Amounting To Rs. 80,76,511/- In Respect Of Three Properties Alleged To Have 2 Been Sold By The Assessee During The Financial Year Relevant To The Impugned Assessment Year. The Assessee Carried The Matter In Appeal Before The Ld.Cit(A). The Ld.Cit(A) Has Confirmed The Findings Of The Ao & Against The Said Order, The Assessee Is In Appeal Before Us.

For Appellant: Shri Rajesh S. ShahFor Respondent: Shri Virabhadra Mahajan, Sr.DR
Section 143(3)

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI “C” BENCH : MUMBAI BEFORE SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER AND SHRI RAJ