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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)

Pdk International Pvt. Ltd., Kolkata vs. I.T.O., Ward 8(3), Kolkata

In the result, the appeal of the assessee is allowed

ITA 2393/KOL/2024[2013-2014]Status: DisposedITAT Kolkata12 Nov 2025AY 2013-2014

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.2393/Kol/2024 Assessment Year: 2013-14 Pdk International Pvt. Ltd..…………………....…………………....Appellant 8/1, Middleton Row, Kol-71. [Pan: Aabcp5263C] Vs. Ito, Ward-8(2), Kolkata..……………....…..………………….…..... Respondent Appearances By: Shri Amit Agrawal, Adv., Ca, Appeared On Behalf Of The Appellant. Smt. Pampa Ray, Jcit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 04, 2025 Date Of Pronouncing The Order : November 12, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The Nfac (Hereinafter Referred To As “Ld. Cit(A)”) Dated 30.09.2024 Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”). 2. Brief Facts Of The Case Are That The Assessee Is A Company & Filed Its Return Of Income For The Assessment Year 2013-14 Declaring Total Income Of Rs.15,71,350/-. The Return Was Selected For Scrutiny Under Cass. During The Assessment Proceedings, The Assessing Officer Noted That The Assessee Had Claimed A Tds Credit Of Rs.50,748/- On Payments Made U/S 194C Of The Act By M/S Rourkela Steel Plant. The Assessing Officer Observed That While The Assessee Claimed Tds In Return Of Income But No Corresponding Income Under The Head ‘Contractual Income’ Had Been Declared. The Assessing Officer Issued A Show-Cause Notice & In Response, The Assessee Explained That They Had Received Rs.6,37,000/- & Rs.19,00,386/- During The F.Y 2012-13

Section 143(3)Section 194CSection 250

IN THE INCOME TAX APPELLATE TRIBUNAL ‘SMC’ BENCH KOLKATA Before Shri Sonjoy Sarma, Judicial Member and Shri Sanjay Awasthi, Accountant