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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)

Shri Powai Sthanakvasi Jain Sangh Trust (Publice Charitable Trust), Mumbai vs. Income Tax Officer Ward 41(1)(4), Mumbai

In the result, grounds raised by the assessee in this respect are allowed

ITA 3187/MUM/2025[2018-19]Status: DisposedITAT Mumbai29 Oct 2025AY 2018-19

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2018-19 Shri Powai Sthanakvasi Jain Vs Income-Tax Officer, Sangh Trust Ward 41(1)(4), (Public Charitable Trust) Mumbai Flat No. 104, Atlantis A Wing Hiranandani Gardens Powai, Mumbai - 400076 [Pan: Aatts2580C] Appellant Respondent Present For: Assessee : Shri Kirit Sanghvi, Ca Revenue : Mr. Virabhadra S. Mahajan, Sr. Dr Date Of Hearing : 04.08.2025 Date Of Pronouncement : 29.10.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Cit(A), National Faceless Appeal Centre (Nfac), Delhi Vide Order No. Itba/Nfac/S/250/2024-25/1074570665(1), Dated 17.03.2025 Passed Against The Assessment Order By National Faceless Assessment Centre, Delhi U/S.143(3) R.W.S. 144B Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 31.06.2021 For Ay 2018-19. 2. The Only Issue Involved In The Present Appeal Is In Respect Of Treatment Of Corpus Fund Donation Of Rs.1,74,01,475/- Received By The 2 Shri Powai Sthanakvasi Jain Sangh Trust Ay 2018-19 Assessee During The Year As Income Chargeable To Tax Without Considering The Provisions Of Section 11(1)(D) Of The Act.

For Appellant: Shri Kirit Sanghvi, CAFor Respondent: Mr. Virabhadra S. Mahajan, Sr. DR
Section 11(1)(d)Section 12ASection 143(3)Section 80G

IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT

Bombay Tyres, Mumbai vs. Income Tax Officer -15(1)(1), Mumbai

In the result, appeal of the assessee is allowed

ITA 2393/MUM/2025[2017-18]Status: DisposedITAT Mumbai29 Oct 2025AY 2017-18

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2017-18 Bombay Tyres Vs Income-Tax Officer, 23, Arenja Corner, -15(1)(1), Sector-17, Vashi, Mumbai Navi Mumbai – 400703 [Pan: Aagcb1604E] Appellant Respondent Present For: Assessee : Shri Tanzil Padvekar & Shri Gopal Sharma, Advocates Revenue : Shri Leyaqat Ali Aafaqui, Sr. Dr Date Of Hearing : 06.08.2025 Date Of Pronouncement : 29.10.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Cit(A), National Faceless Appeal Centre (Nfac), Delhi Vide Order No. Itba/Nfac/S/250/2023-24/1057354062(1), Dated 26.10.2023 Passed Against The Assessment Order By National Faceless Assessment Centre, Delhi U/S.144 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 28.06.2019 For Ay 2017-18. 2. Grounds Taken By The Assessee Are Reproduced As Under: 1. Considering The Facts & Circumstances Of The Case & In Law, The National Faceless Appeal Centre (Nfac) Has Erred In Confirming The Order U/S. 144 R.W.S. 144A Dated 28Th June, 2019 Passed By The Assessing Officer Without Appreciating The Merits Of The Case.

For Appellant: Shri Tanzil Padvekar and Shri Gopal Sharma, AdvocatesFor Respondent: Shri Leyaqat Ali Aafaqui, Sr. DR
Section 144Section 250Section 44ASection 69A

IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, MUMBAI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT

ACIT 4(3)(1), Mumbai vs. Narayan Dalpatram Thakkar, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 3619/MUM/2017[2008-09]Status: DisposedITAT Mumbai29 Oct 2025AY 2008-09

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2008-09 Assistant Commissioner Of Vs Narayan Dalpatram Income-Tax - 4(3)(1), Thakkar Mumbai Abhay Bldg, 5Th Floor, Ns 9Th Rdm Jvpd Scheme, Juhu Vile Parle (W), Mumbai - 400032 [Pan: Aaipt0713F] Appellant Respondent Present For: Assessee : Shri Parag Shah, Ca Revenue : Shri Leyaqat Ali Aafaqui, Sr. Dr Date Of Hearing : 05.08.2025 Date Of Pronouncement : 29.10.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Revenue Is Against The Order Of Cit(A) – 9, Mumbai, Vide Order No. Cit(A)-9/Cir.4/529/2015-16, Dated 17.03.2016 Passed Against The Assessment Order By Deputy Commissioner Of Income-Tax-4(3)(1), U/S.143(3) R.W.S. 147 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 29.01.2016 For Ay 2008-09. 2. Grounds Taken By The Revenue Are Reproduced As Under: “1. On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Directing The Ao To Delete The Addition Made Towards Unexplained Unsecured Loan Of Rs.65,00,000/- U/S.68 Of The I.T. Act.

For Appellant: Shri Parag Shah, CAFor Respondent: Shri Leyaqat Ali Aafaqui, Sr. DR
Section 143(3)Section 148Section 68Section 69C

IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, MUMBAI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT