← 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)

Kunal Rajendra Mashru, Mumbai vs. Asst Commissioner of Income Tax Circle -1, Junagadh

The appeal is dismissed

ITA 387/RJT/2025[2017-18]Status: DisposedITAT Rajkot03 Nov 2025AY 2017-18

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं/.Ita No.387/Rjt/2025 निर्धारणवर्ष / Assessment Year: 2017-18 Kunal Rajendra Mashru C/O. Pradip Corporation, D-3, Jeevan Jyot, Cawasji Patel Street, Mumbai – 400001, Maharashtra Pan : Afhpm1835K (अपीलार्थी/Appellant) बनाम Vs. Assistant Commissioner Of Income-Tax Circle-1, Junagadh : (प्रत्यर्थी/Respondent) निर्धारिती की ओर से/Assessee By : Shri Abhishek Choksy, Ar राजस्व की ओर से/Revenue By : Shri Abhimanyu Singh Yadav, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 05/08/2025 घोषणा की तारीख /Date Of Pronouncement : 03/11/2025 Order Per Dinesh Mohan Sinha: Captioned Appeal Filed By Assessee Pertaining To Assessment Year 2017-18, Is Directed Against The Order Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) By The Ld. Commissioner Of Income-Tax (Appeal), Addl/Jcit(A)-3, Chennai (In Short 'Cit(A)'), Dated 29.05.2025, Which In Turn Arises Out Of Assessment Order Passed By Assessing Officer U/S. 143(3) Of The Act On 07.11.2019.

For Appellant: Shri Abhishek Choksy, ARFor Respondent: Shri Abhimanyu Singh Yadav, Sr.DR
Section 10(2)Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 250Section 56Section 56(2)(vii)

आयकर अपीलीय अधिकरण, राजकोट न्यायपीठ, राजकोट। IN THE INCOME TAX APPELLATE TRIBUNAL, RAJKOT BENCH, RAJKOT BEFORE DR. ARJUN LAL SAINI

Responce Renewable Energy Limited, Kolkata vs. ITO, Ward 4(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 1426/KOL/2025[2017-2018]Status: DisposedITAT Kolkata03 Nov 2025AY 2017-2018

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.1426/Kol/2025 Assessment Year: 2017-18 Response Renewable Energy Ltd.……………...………………..….……….Appellant 3Rd Floor, 76, Pandit Purushottam Roy Street, Kol-7. [Pan: Aaccn5941J] Vs. Ito, Ward-4(1), Kolkata …...……..........................……........……...…..…..Respondent Appearances By: Shri S. Jhajharia, Ar, Appeared On Behalf Of The Assessee. Shri Monalisa Pal Mukherjee, Jcit-Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : October 29, 2025 Date Of Pronouncing The Order : November 03, 2025 Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Dated 21.06.2025 For The Assessment Year 2017–18. 2. Brief Facts Of The Case Are That The Assessee Is A Company Which Filed Its Return Of Income For The Assessment Year 2017–18 Declaring Total Income Of ₹84,770 & Book Profit Under Section 115Jb Of ₹82,667. The Case Was Selected For Scrutiny Through Cass & Notices Under Sections 143(2) & 142(1) Of The Act Were Issued. During The Course Of Assessment, Information Was Received From The Directorate Of Income Tax (Investigation) That The Assessee Had Deposited Cash Amounting To ₹33,00,000 In Its Bank Account During The Period Of Demonetisation Announced By The Government Of India In November 2016. This Information Was Also Reflected In The Assessee’S 360° Profile. Accordingly, The Assessing Officer (Ao) Issued Further Notices Under Section 142(1) Calling Upon The Assessee To Explain The Source Of The Said Cash Deposits. In Response, The Assessee Submitted That The Cash Deposits Were Made

Section 115JSection 133(6)Section 142(1)

book profit under section 115JB of ₹82,667. The case was selected for scrutiny through CASS, and notices under sections 143(2) and 142(1) of the Act were issued. During the course of assessment, information was received from the Directorate of Income Tax (Investigation) that the assessee had deposited