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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)

Mediboyana Venkata Appala Surya Prakash, Visakhapatnam vs. Assistant Commissioner of Income Tax, Circle-4(1), Visakhapatnam

ITA 506/VIZ/2025[2015-16]Status: DisposedITAT Visakhapatnam26 Nov 2025AY 2015-16

Bench: Shri Ravish Sood & Shri Balakrishnan S.आ.अपी.सं /Ita No.506/Viz/2025 (िनधा"रण वष"/Assessment Year:2015-16) Mediboyana Venkata Appala Vs. Assistant Commissioner Surya Prakash, Of Income Tax, Visakhapatnam. Circle-4(1), Pan: Agnpm7780L Visakhapatnam. (Appellant) (Respondent) िनधा"रती "ारा/Assessee By: Shri Gvn Hari, Advocate राज" व "ारा/Revenue By: Dr. Aparna Villuri, Sr. Ar सुनवाई की तारीख/Date Of 19/11/2025 Hearing: घोषणा की तारीख/Date Of 26/11/2025 Pronouncement: आदेश / Order Per. Ravish Sood, Jm : The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, Dated 17/06/2025, Which In Turn Arises From The Order Passed By The Assessing Officer Under Section 143(3) Of The Income Tax Act, 1961 (For Short, “The Act”), Dated 31/10/2017. The 2 Mediboyana Venkata Appala Surya Prakash Vs. Acit

For Appellant: Shri GVN Hari, AdvocateFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 143(1)Section 143(2)Section 143(3)

Income Tax (Appeals), National Faceless Appeal Centre, Delhi, dated 17/06/2025, which in turn arises from the order passed by the Assessing Officer under section 143(3) of the Income Tax Act, 1961 (for short, “the Act”), dated 31/10/2017. The 2 Mediboyana Venkata Appala Surya Prakash vs. ACIT assessee has assailed ... ended 31/03/2015, made an addition of the balance amount of Rs.65,08,444/- in his hands. Thereafter, the AO vide his order under section 143(3) of the Act, dated 31/10/2017 determined the income of the assessee at Rs.1,15,10,250/- . 5. Aggrieved, the assessee carried the matter

M/S Blooms Realators & Hospitality Pvt. Ltd., Lucknow vs. Income Tax Officer-1(4), Lucknow

ITA 586/LKW/2015[2010-11]Status: DisposedITAT Lucknow26 Nov 2025AY 2010-11

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2010-11 M/S Blooms Realators & Hospitality Vs. Income Tax Officer, Pvt. Ltd, B-1/66, Vivek Khand, 1-(4), Lucknow Gomti Nagar, Lucknow Pan: Aadcb6111H (Appellant) (Respondent) Assessee By: Sh. Rakesh Garg, Advocate Revenue By: Sh. R.K. Agarwal, Cit Dr Date Of Hearing: 28.08.2025 Date Of Pronouncement: 26.11.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A)- Lucknow Dated 30.03.2015, Wherein The Ld. Cit(A) Has Dismissed The Appeal Of The Assessee Against The Orders Of The Assessing Officer Under Section 143(3) For The A.Y. 2010-11 Passed On 30.03.2013. The Grounds Of Appeal Are As Under: - “1. Because The Findings Recorded By The Learned Commissioner Of Income Tax (Appeals) That The Asasesse Has Failed To Discharge The Onus To Establish The Identity, Credit Worthiness Of Share Holder Company & Genuineness Of The Transaction Are Wholly Perverse Finding. 2. Because The Assessee During The Assessment Proceeding As Well As Before The Commissioner Of Income Tax (Appeals) Has Filed The Documents Share Application Form, Certificate Of Incorporation, Acknowledgement Of Itr, Bank Statements & Copies Of Pan Card Of Share Holders Company. These Documents Are Sufficient To Establish The Identity, Credit Worthiness & Genuineness Of The Transaction. 3. Because It Is Well Settled Law That A Person, Making Investment In Share Capital Is Best Judge Regarding His Investment. The 9 Share Holder Companies On Their Own Have Made Investment In The Appellant Company. The Wrong Decision Of The Investor Cannot Be A Basis For Making Addition U/S 68 Of The Income Tax Act.

For Appellant: Sh. Rakesh Garg, AdvocateFor Respondent: Sh. R.K. Agarwal, CIT DR
Section 143(3)Section 68

Lucknow dated 30.03.2015, wherein the ld. CIT(A) has dismissed the appeal of the assessee against the orders of the Assessing Officer under section 143(3) for the A.Y. 2010-11 passed on 30.03.2013. The grounds of appeal are as under: - “1. Because the findings recorded by the learned Commissioner