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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)

Smt. Kumud Yadav, Kanpur vs. Assessing Officer, NFAC, Delhi

In the result, the appeal is partly allowed

ITA 281/LKW/2025[2016-17]Status: DisposedITAT Lucknow27 Feb 2026AY 2016-17

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2016-17 Smt. Kumud Yadav, Vs. Assessing Officer, Assessment Plot No. 192A, Awadhpuri Road, Unit, Income Tax Department, Lakhanpur, Kanpur Nagar Nfac, Delhi Pan: Abjpy4062E (Appellant) (Respondent) Assessee By: Sh. Pradeep Seth, Adv Revenue By: Sh. Amit Kumar, Addl Cit Dr Date Of Hearing: 29.01.2026 Date Of Pronouncement: 27.02.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A), Nfac Under Section 250 Of The Income Tax Act, 1961 On 11.0.025, Wherein The Ld. Cit(A) Has Set Aside The Orders Of The Assessing Officer Passed For The A.Y. 016-17 Under Section 147 R.W.S. 144 Of The Income Tax Act, 1961. The Grounds Of Appeal Are As Under:- “1. That The Learned Cit(A) National Faceless Appeal Centre, Delhi Has Erred In Law & On Facts In Not Appreciating That The Assessment Order Passed U/S 147 Is Without Jurisdiction & Invalid As The Same Violates The Provisions Of "E-Assessment Of Income Escaping Assessment Scheme 2022" Notified On 29.03.22 Framed In Pursuance Of Sub Sections 1 & 2 Of Section 151A Of The Act Laying Down The Issue Of Notice U/S 148 In The Faceless Manner Through Automated Allocation Whereas In The Assessee'S Case It Has Not Been Issued In A Faceless Manner But By Jurisdictional Assessing Officer Who Was Not Assigned The Case In An Automated Manner. (Reliance On Judgement In The Case Of Hexaware Technoligies Ltd. Vs. Assistant Commissioner Of Income Tax & Others Reported In 464 Itr P. 430 (Paras 32 To 39).

For Appellant: Sh. Pradeep Seth, AdvFor Respondent: Sh. Amit Kumar, Addl CIT DR
Section 144Section 147Section 148Section 148ASection 151ASection 250

time allowed to furnish a reply as per clause (b) expires. The assessee had also raised issue of non-issuance of notice under section 143(2) to the assessee. We see that the ld. CIT(A) while remanding the matter to the file of the AO for a de novo