← All Phrases

“Section 143(2)”

Section References (mined)Section 143Section 143(2)17,209 judgments

The decision most relied on for Section 143(2) is National Thermal Power Co. Ltd. v. CIT (229 ITR 383), cited in 5,834 judgments on BharatTax.

Leading authorities on Section 143(2)

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.

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. 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.

CIT v. Reliance Utilities & Power Ltd.
313 ITR 340 · 2009 · High Court
2,118
citing judgments

Where an assessee claims that investments were made out of own funds, interest disallowance under Section 14A read with Rule 8D may not apply if the assessee demonstrates the availability of sufficient interest-free funds to cover such investments.

CIT v. Kelvinator of India Ltd.
320 ITR 561 · 2010 · Supreme Court
1,673
citing judgments

An Assessing Officer cannot initiate reassessment proceedings under Section 147 of the Income Tax Act based on a mere change of opinion. Reassessment is permissible only when there is fresh tangible material leading to the belief of income escapement, not merely a review of existing facts.

CIT v. AIMIL Ltd.
321 ITR 508 · 2010 · High Court
1,629
citing judgments

Employee contributions to PF and ESIC, deposited beyond the due date under the respective Acts but within the due date for filing the income tax return under Section 139(1), are allowable deductions under Section 36(1)(va). Such disallowance cannot be made during processing under Section 143(1).

Judgments citing Section 143(2)

ITO WD 2(1) Kol, Kolkata vs. Unicorn Plaza (P) Ltd., Kolkata

In the result, the appeal filed by the revenue is dismissed and cross-objection of the assessee is also dismissed

ITA 2213/KOL/2024[2011-12]Status: DisposedITAT Kolkata19 Nov 2025AY 2011-12

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2011-12 Ito, Ward-2(1), Kolkata…………...….……………….……….……….……Appellant Vs. Unicorn Plaza (P) Ltd….………………………………….....……...…..…..Respondent Commerce House, 2A, Ganesh Chandra Avenue Room No.4, 2Nd Floor, Kolkata-700013. [Pan: Aaacu8963B] C.O. 53/Kol/2024 (In Ita No.2213/Kol/2024) Assessment Year: 2011-12 Unicorn Plaza (P) Ltd.….………………. ….……….…….……….……Cross-Objector Commerce House, 2A, Ganesh Chandra Avenue Room No.4, 2Nd Floor, Kolkata-700013. [Pan: Aaacu8963B] Vs. Ito, Ward-2(1), Kolkata ……………………………..…...…..…………….Respondent Appearances By: Shri S. Jhajharia, Fca, Appeared On Behalf Of The Assessee. Shri P. N. Barnwal, Cit- Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : November 03, 2025 Date Of Pronouncing The Order : November 19, 2025 Order Per Pradip Kumar Choubey:

Section 132Section 133ASection 139(1)Section 143(2)Section 14ASection 153ASection 250Section 68Section 69C

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

Assistant Commissioner of Income Tax, Circle-5(1), Kolkata vs. Sanatan Merchants Private Limited, Kolkata

In the result, the appeal of the revenue is dismissed

ITA 2111/KOL/2024[2015-16]Status: DisposedITAT Kolkata19 Nov 2025AY 2015-16

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2015-16 Acit, Circle-5(1), Kolkata….…………… ……………...……….……….……Appellant Vs. Sanatan Merchants Pvt. Ltd...……......…………………….......……...…..…..Respondent Room No.567, 5Th Floor, Marshall House, 33/1, Ns Road, Kol-700001. [Pan: Aadcs7439P] Appearances By: Shri Pradip Kumar Biswas, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Appellant. Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 03, 2025 Date Of Pronouncing The Order : November 19, 2025 Order Per Pradip Kumar Choubey: This Appeal Filed By The Revenue Is Directed Against The Order Dated 06.08.2024 Of The National Faceless Appeal Centre [‘Cit(A)’] Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”). 2. Brief Facts Of The Case Are That Assessee Company Filed Its Return Of Income Declaring Total Income At Rs.31,41,530/- & The Case Of The Assessee Was Selected For Scrutiny & Notice U/S 143(2) Of The Act Was Issued. During The Assessment Proceedings, The Assessing Officer Observed That The Assessee Has Taken Loan Of Rs.1,77,00,000/- I.E. Rs. 40 Lacs From M/S Shreshth Builders Pvt Ltd, 1,02,00,000/- From M/S Vinjyoti Tracom Pvt Ltd & Rs. 35,00,000/- From Govind Tie Up. Notice U/S 133(6) Was Issued To M/S Shresth Builders Pvt Ltd Which Was Duly Replied By The Said Companies. However, The Assessing Officer Completed Sanatan Merchants Pvt. Ltd The Assessment U/S 143(3) Of The Act Assessing Total Income At Rs. 2,59,00,960/- After Making Additions Of Rs. 1,77,00,000/- On Account Of Bogus Loan & Rs.50,00,000/- On Account Of Bogus Share Application.

Section 133(6)Section 143(2)Section 143(3)Section 250

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

Bk Garden Fresh Private Ltd., Kolkata vs. ITO, Ward 7(1), Kolkata

In the result, the appeal of the assessee is allowed on the two issues as discussed above and allowed on the third issue for statistical purposes

ITA 545/KOL/2025[2017-18]Status: DisposedITAT Kolkata18 Nov 2025AY 2017-18

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2017-18 Bk Garden Fresh Pvt. Ltd.……………………………………….……….……Appellant 12, Ramlochan Mullick Street, Kol-700007. [Pan: Aafcb6953P] Vs. Ito, Ward-7(1), Kolkata..………………………………….....……...…..…..Respondent Appearances By: Shri N. S. Saini, Ar & Satyaki Mondal, Ca, Appeared On Behalf Of The Appellant. Shri Subrata Aich, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 15, 2025 Date Of Pronouncing The Order : November 18, 2025 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 10.02.2025 Of The National Faceless Appeal Centre [‘Cit(A)’] Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2017–18. 2. Brief Facts Of The Case Are That The Assessee Filed Return Of Income Declaring Total Income Of Rs.10,31,194/-. The Case Of The Assessee Was Selected For Complete Scrutiny Specifically On The Ground Of Large Cash Deposits During Demonetisation Period. Notices U/S 143(2) & 142(1) Along With Questionnaire Were Issued & After Considering The Submissions & Details Submitted By The Assessee, The Assessing Officer Assessed Total Income At Rs.90,47,322/- After Making The Following Additions: Bk Garden Fresh Pvt. Ltd 1. Bad Debts Rs.90,006/- 2. Cash Discount Rs.95,622/- 3. Charity & Donation Rs.50,500/- 4. Disallowed On Cash Deposits At Rs.77,80,000/- U/S 69A

Section 143(2)Section 250Section 36(1)(vii)Section 69A

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