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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)

Ekesh Gaurang Desai, Mumbai vs. Central Circle - 1(1), Mumbai

In the result, the appeal of the assessee bearing ITA No

ITA 6116/MUM/2025[2011-12]Status: DisposedITAT Mumbai10 Feb 2026AY 2011-12

Bench: Shri Anikesh Banerjee & Shri Makarand Vasant Mahadeokarekesh Gaurang Desai Vs Acit Central Circle -1(1), Mumbai C-46, Pandurang Chs, A.B. 321, Aayakar Bhavan, M.K. Road, Nair Road Near Juhu Post Mumbai 400020 Office, Juhu Mumbai-400049 Pan:Aibpd4569L Appellant Respondent Assessee By : Shri Dharangandhi, Adv & Ms. Vinita Nara Adv Respondent By : Shri Ritesh Misra (Cit Dr) Date Of Hearing : 29/01/2026 Date Of Pronouncement : 10/02/2026 O R D E R Per: Anikesh Banerjee (Jm): The Instant Appeal Of The Assessee Filed Against The Order Of The Ld. Commissioner Of Income Tax (Appeal)-47, Mumbai [For Brevity ‘The Ld. Cit(A)’], Order Passed Under Section 250 Of The Income Tax Act 1961 (For Brevity ‘The Act’) For Assessment Year 2011-12, Date Of Order 28.07.2025. The Impugned Order Emanated From The Order Of The Ld. Income-Tax Officer Ward-22(1)(2), Mumbai

For Appellant: Shri DharanGandhi, Adv & Ms. Vinita Nara AdvFor Respondent: Shri Ritesh Misra (CIT DR)
Section 139(1)Section 143(3)Section 153ASection 250

Income-tax Officer Ward-22(1)(2), Mumbai 2 Ekesh Gaurang Desai (for brevity the Ld. AO), order passed under section 143(3) r.w.s. 153A of the Act, date of order 28.03.2014. 2. The brief facts of the case are that the assessee is a professional engaged in architectural ... lender, despite loans exceeding Rs.26 crores having been advanced in preceding years. Reliance was also placed on the assessment order passed under section 143(3) in the case of the lender company dated 18.12.2019 for the same assessment year, wherein both its existence and capacity to advance substantial loans were