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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)

Sahkari Ganna Vikas Samiti Ltd Vikramjot Basti, Vikramjot vs. Inocme Tax Officer Basti -New, Income Tax Office Basti

The appeal of the assessee stands allowed for statistical purposes

ITA 486/LKW/2025[2017-18]Status: DisposedITAT Lucknow27 Oct 2025AY 2017-18

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2017-18 Sahkari Ganna Vikas V. The Income Tax Officer Samiti Ltd. Basti Vikramjot, Basti (U.P) Tan/Pan:Aabas4611B (Appellant) (Respondent) Appellant By: None Respondent By: Shri R.R.N. Shukla, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 05.12.2024, Passed By The Addl/Jcit(A)-3, Bengaluru For Assessment Year 2017-18. 2.0 The Brief Facts Of The Case Are That The Assessee Is A Co- Operative Society Registered Under The Co-Operative Societies Act, 1912. The Main Activity Of The Assessee Was Marketing Of Sugar Cane Grown By The Cane Growers, Who Were Members Of The Assessee-Society. The Assessee Filed Its Return Of Income For The Year Under Consideration On 21.03.2018, Declaring A Total Income Of Rs.1,73,170/-. During The Year Under Consideration, The Assessee-Society Had Received Commission From Sugar Mills On Supply Of Sugar Cane Of Rs.70,16,032/-, Which Was Claimed As Exempt In Terms Of Section 80P(2)(A)(Ii) Of The Income Tax Act

For Appellant: NoneFor Respondent: Shri R.R.N. Shukla, D.R
Section 143(3)Section 194HSection 57Section 80PSection 80P(2)(a)

income of the assessee and added the same to the total income of the assessee. The AO completed the assessment under section 143(3) of the Act, assessing the total income of the assessee at Rs.20,33,851/- as against the returned income of Rs.1 ... Bangaluru dated- 05-12-2024 passed in appeal no-CIT(A), Faizabad/10182/2019-20 is liable to be quashed and further demand of Rs.687999 under section 143(3) issued by assessing officer Basti-New may also be quashed. 13. That the appellant craves leaves to aid or amend the grounds of appeal

Arup Kumar Chatterjee, Kolkata vs. I.T.O., Ward - 26(4), Kolkata

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 1821/KOL/2025[2017-2018]Status: DisposedITAT Kolkata27 Oct 2025AY 2017-2018

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2017-18 Arup Kr. Chatterjee……………………………………………….…….……Appellant 22A, Hemchandra Mukherjee Road, Barish Kolkata-8. [Pan: Afmpc1447G] Vs. Ito, Ward-26(4), Kolkata..………………………..………...……...…..…..Respondent Appearances By: Shri Ankit Jalan, Ar, Appeared On Behalf Of The Appellant. Shri Pankaj Pandey, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 14, 2025 Date Of Pronouncing The Order : October 27, 2025 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 18.06.25 Of The National Faceless Appeal Centre [‘Cit(A)’] Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”). Brief Facts Of The Case Are That In This Case, The Assessee Had Filed 2. His Return Of Income On 30.10.2017 For A.Y. 2017-18 Declaring Total Income Of Rs. 6,15,590/-. Further The Assessee Filed Revised Return Showing Total Income Of Rs. 4,50,220/-. The Case Of The Assessee Was Selected For Complete Scrutiny Under Cass With A Reason 'Large Sales Promotion Expenses Vis-Is Gross Receipts'. Notice U/S 143(2) Of The It Act Was Issued On 22.09.2019 & Served Upon The Appellant. Notices U/S 142(1) Of The Act Were Issued Time To Time. The Ao Completed The Arup Kr. Chatterjee Assessment Proceedings U/S 143(3) Of The Act On 28.12.2019 & Assessed The Appellant'S Total Income Of Rs.1,23,67,640/- By Making Addition Of Rs.1,23,77,644/- On Account Of Business & Profession.

Section 142(1)Section 143(2)Section 143(3)Section 250

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