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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)

Rapolu Kavitha, Hyderabad vs. DCIT., Central Circle-2(1), Hyderabad

In the result, the appeal of the assessee in ITA

ITA 775/HYD/2025[2019-20]Status: DisposedITAT Hyderabad08 Oct 2025AY 2019-20

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं / Ita No.772/Hyd/2025 (निर्धारण वर्ष/Assessment Year:2019-20) 1. Shri Sunil Kumar Mukka, Warangal. Pan: Bhrpm0791F Vs. Dy. Commissioner Of Income Tax, Central Circle 2(1), Hyderabad. आ.अपी.सं / Ita No.775/Hyd/2025 (निर्धारण वर्ष/Assessment Year:2019-20) 2. Ms. Rapolu Kavitha, Hyderabad. Pan: Agppr3343A (Appellant) Vs. Dy. Commissioner Of Income Tax, Central Circle 2(1), Hyderabad. (Respondent) निर्धारिती द्वारा / Assessees By: Shri C. Srinivasa Rao, C.A. राजस्व द्वारा / Revenue By: Dr. Sachin Kumar, Sr-Dr सुनवाई की तारीख / Date Of Hearing: 16/09/2025 घोषणा की तारीख / Pronouncement: 08/10/2025 आदेश/Order Per Madhusudan Sawdia, A.M. : These Appeals Are Filed By Shri Sunil Kumar Mukka & Ms. Rapolu Kavitha ("The Assessees”), Feeling Aggrieved By The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), Hyderabad-12 (“Ld. Cit(A)”), Both Dated 05.03.2025 For The A.Y. 2019-20. Since The Grounds Raised By The Assessees Are Identical, They Are Heard Together & One Consolidated Order Is Being Passed For The Sake Of Convenience & Brevity.

For Respondent: Dr. Sachin Kumar, SR-DR
Section 143(2)Section 153CSection 69

assessee filed return of income on 01.02.2023, declaring the same income of Rs.5,50,670/- as in the original return. Subsequently, notice under section 143(2) was issued by the Ld. AO to the assessee on 30.06.2023. During the assessment proceedings, on perusal of the seized documents

Sunil Kumar Mukka, Warangal vs. DCIT., Central Circle-2(1), Hyderabad

In the result, the appeal of the assessee in ITA

ITA 772/HYD/2025[2019-20]Status: DisposedITAT Hyderabad08 Oct 2025AY 2019-20

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं / Ita No.772/Hyd/2025 (निर्धारण वर्ष/Assessment Year:2019-20) 1. Shri Sunil Kumar Mukka, Warangal. Pan: Bhrpm0791F Vs. Dy. Commissioner Of Income Tax, Central Circle 2(1), Hyderabad. आ.अपी.सं / Ita No.775/Hyd/2025 (निर्धारण वर्ष/Assessment Year:2019-20) Vs. Dy. Commissioner Of Income Tax, Central Circle 2(1), 2. Ms. Rapolu Kavitha, Hyderabad. Pan: Agppr3343A Hyderabad. (Appellant) (Respondent) निर्धारिती द्वारा / Assessees By: Shri C. Srinivasa Rao, C.A. राजस्व द्वारा / Revenue By: Dr. Sachin Kumar, Sr-Dr सुनवाई की तारीख / Date Of Hearing: 16/09/2025 घोषणा की तारीख / Pronouncement: 08/10/2025 आदेश/Order Per Madhusudan Sawdia, A.M. : These Appeals Are Filed By Shri Sunil Kumar Mukka & Ms. Rapolu Kavitha ("The Assessees\”), Feeling Aggrieved By The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), Hyderabad-12 (“Ld. Cit(A)"), Both Dated 05.03.2025 For The A.Y. 2019-20. Since The Grounds Raised By The Assessees Are Identical, They Are Heard Together & One Consolidated Order Is Being Passed For The Sake Of Convenience & Brevity.

For Respondent: Dr. Sachin Kumar, SR-DR
Section 143(2)Section 153CSection 69

assessee filed return of income on 01.02.2023, declaring the same income of Rs.5,50,670/- as in the original return. Subsequently, notice under Section 143(2) was issued by the Ld. AO to the assessee on 30.06.2023. During the assessment proceedings, on perusal of the seized documents

Vitp Private Limited, Hyderabad vs. DCIT., Circle8(1), Hyderabad

ITA 573/HYD/2024[AY 2017-18]Status: DisposedITAT Hyderabad08 Oct 2025

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं / Ita Nos.573 & 574/Hyd/2024 (निर्धारण वर्ष/Assessment Year: 2017-18) Vitp Private Limited Vs. Dy. Cit Hyderabad Circle 8 (1) Pan:Aaccv2672G Hyderabad (Appellant) (Respondent) निर्धारिती द्वारा / Assessee By: Advocates Percy Perdiwala & Mahima Goud राजस्व द्वारा / Revenue By:: Shri Shahnawaz-Ul-Rahman, Cit(Dr) सुनवाई की तारीख / Date Of Hearing: 23/09/2025 घोषणा की तारीख / Pronouncement: 08/10/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: These Two Appeals Are Filed By Vitp Private Limited (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Principal Commissioner Of Income Tax-2, Hyderabad, (“Ld.Pcit”), Dated 30/03/2024 For The A.Y.2017-18. As Both The Appeals Are Interrelated & Belongs To The Same, Both Are Heard Together & One Consolidated Order Is Being Passed For The Sake Of Brevity.

For Appellant: Advocates Percy Perdiwala andFor Respondent: : Shri Shahnawaz-ul-Rahman
Section 143(3)Section 144BSection 144C(3)Section 263Section 80Section 801A

VITP has already been inquired by the Assistant Commissioner of Income Tax (e-verification) vide notice dated September 27, 2019 issued under Section 143(2) of the Act (Copy enclosed as Annexure 10A). Against the said notice, the Company has duly filed its submission submitting the revised Tax Audit Report