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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)

Radiant Textiles Private Limited, Patiala vs. ACIT, Circle, Patiala

In the result, the appeal stands dismissed

ITA 444/CHANDI/2025[2019-20]Status: DisposedITAT Chandigarh14 Oct 2025AY 2019-20

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./ Ita No.444/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2019-20) M/S Radiant Textiles Pvt. Ltd. Acit Circle Patiala बनाम/ Village Chounth, Patiala Road Aaykar Bhawan Vs. Samana-147101 Patiala 147001 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Aadcr-1175-R (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Shri Parikshit Aggarwal (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Smt. Kusum Bansal (Cit) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 10-09-2025 घोषणाकीतारीख /Date Of Pronouncement : 14/10/2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2019-20 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 13-02-2025 In The Matter Of A Rectification Order Passed By Ld. Assessing Officer [Ao] U/S. 154 Of The Act On 28-11-2023. The Only Grievance Of The Assessee Is Application Of Correct Rates Of Taxes.

For Appellant: Shri Parikshit Aggarwal (CA) – Ld. ARFor Respondent: Smt. Kusum Bansal (CIT) – Ld. DR
Section 145ASection 154

1 IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, CHANDIGARH HYBRID HEARING BEFORE HON’BLE SHRI RAJPAL YADAV, VICE PRESIDENT

Sanjay Kumar Drolia, Kolkata vs. ITO, Ward 49(1), Kolkata

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

ITA 1025/KOL/2025[2015-2016]Status: DisposedITAT Kolkata14 Oct 2025AY 2015-2016

Bench: Shri Duvvuru Rl Reddyआयकर अपील सं/Ita No.1025/Kol/2025 (नििाारण वर्ा / Assessment Year : 2015-2016) Sanjay Kumar Drolia, Vs Ito Ward-49(1), Kolkata 48/7, Tulsidham, Jessore Road, Bangur Avenue Crossing, Kolkata-700055 Pan No. : Admpd 0082 C (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri Miraz D. Shah, Ar राजस्व की ओर से /Revenue By : Ms. Monalisa Pal Mukherjee, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 29/08/2025 घोषणा की तारीख/Date Of Pronouncement : 14/10/2025 आदेश / O R D E R The Present Appeal Is Directed At The Instance Of Assessee Against The Order Of Ld. Addl./Jcit(A)-4, Chennai, Dated 24.03.2025 Passed For Assessment Year 2015-2016. 2. Facts In Brief Are That The Assessee Is An Individual & Had Filed His Original Return Of Income On 02.04.2015 Declaring A Total Income Of Rs.9,11.110/-. The A.O. Was In Receipt Of An Information From Ddit (The) Wing, Unit-3(1), Kolkata, Wherein It Was Stated That The Assessee Was Engaged In Facilitating Accommodation Entry In The Form Of Bogus Billing, Bogus Share Capital, Unsecured Loan To The Beneficiary Companies In Lieu Of Commission At The Rate Of 0.50 Percent Of Cheque Amount During The Period From F.Y.2009-10 To 2013-14. On The Basis Of The Said Information, The Ld. A.O. Issued A Notice U/S 148 Of The I. T. Act, 1961, After Obtaining Approval From Appropriate Authority. In Response To The Said Notice The Assessee E-

For Appellant: Shri Miraz D. Shah, ARFor Respondent: Ms. Monalisa Pal Mukherjee, Sr. DR
Section 131Section 143(2)Section 148

आयकर अपीलीय अधिकरण, ‘एसएमसी’ न्यायपीठ,कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL ‘SMC’ BENCH, KOLKATA BEFORE SHRI DUVVURU RL REDDY