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“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)

Rahul Saini, Noida vs. Assessing Officer ITO, Delhi

Appeal of the assessee is allowed

ITA 3469/DEL/2025[2016-17]Status: DisposedITAT Delhi27 Oct 2025AY 2016-17

Bench: Shri Vikas Awasthyआअसं.3469/िद"ी/2025 (िन.व. 2016-17) Rahul Saini, Flat No. 1503, 15Th Floor, Tower-H, Exotica Fresco Plot No. 05A, Noida, ...... अपीलाथ"/Appellant Uttar Pradesh 201304 Pan: Bqpps-8886-J बनाम Vs. Income Tax Officer, Aayakar Bhawan, A 2 D, Sector-24, ..... "ितवादी/Respondent Noida,Uttar Pradesh 201307 अपीलाथ" "ारा/Appellant By : Shri Sarad Shandillya, Chartered Accountant "ितवादी"ारा/Respondent By : Ms. Sudha Gupta, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 30/07/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 27/10/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short ‘The Cit(A)’] Dated 25.05.2025, For Assessment Year 2016-17. 2. Shri Sarad Shandillya, Appearing On Behalf Of The Assessee Submits That The Assessing Officer (Ao) In Violation Of Principal Of Nature Justice Without Affording Sufficient Opportunity Of Making Submissions Has Passed Assessment Order Making The Addition Of Rs.20,14,150/- U/S.69 Of The Income Tax Act,1961(Hereinafter Referred To As ‘The Act’). The Ld. Ar Submits That The Ao

For Appellant: Shri Sarad Shandillya, Chartered AccountantFor Respondent: Ms. Sudha Gupta, Sr. DR
Section 143(2)Section 147Section 56(2)(vii)Section 69

आयकर अपीलीय अिधकरण िद"ी पीठ “एस एम सी”, िद"ी "ी िवकास अव"थी, "ाियक सद" IN THE INCOME TAX APPELLATE TRIBUNAL

Vishal Krishna, Chennai vs. ACIT, Ncc-10(1), Chennai

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 2258/CHNY/2025[2012-13]Status: DisposedITAT Chennai24 Oct 2025AY 2012-13

Bench: Shri M. Balaganesh & Shri S.S. Viswanethra Raviआयकर अपील सं./I.T.A. No.2258/Chny/2025 िनधा"रण वष"/Assessment Year: 2012-13 Vishal Krishna, Vs. The Assistant Commissioner Of Old No. T-27, New No. T-3, Income Tax, 12Th Street, Anna Nagar S.O., Non Corporate Circle 10(1), Chennai 600 040. Chennai. [Pan: Aagpv0851L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri K. Vaitheeswaran, Advocate ""थ" की ओर से/Respondent By : Shri C.P. Solomon, Jcit सुनवाई की तारीख/ Date Of Hearing : 22.10.2025 घोषणा की तारीख /Date Of Pronouncement : 24.10.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 10.02.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2012-13. 2. We Find That This Appeal Is Filed With A Delay Of 105 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit, We

For Appellant: Shri K. Vaitheeswaran, AdvocateFor Respondent: Shri C.P. Solomon, JCIT
Section 133ASection 142(1)Section 143(2)Section 143(3)Section 147Section 148

details. The assessee filed return of income on 04.09.2019 in compliance to the notice issued under section 148 of the Act. Notices under section 143(2) and 142(1) of the Act were issued on 05.12.2019. During the course of assessment proceedings, when the Assessing Officer confronted with the findings