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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)

Jaro Institute of Technology Management and Research Ltd, Mumbai vs. Dy. Commissioner of Income Tax, Circle-4(3)(1), Mumbai

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

ITA 5062/MUM/2025[2022-23]Status: DisposedITAT Mumbai30 Sept 2025AY 2022-23

Bench: Ms. Kavitha Rajagopal, Jm & Shri Omkareshwar Chidara, Am Jaro Institute Of Technology Dy. Commissioner Of Income Tax, Management & Research Ltd. Circle-4(3)(1), Mumbai 11Th Floor, Vikas Centre, Dr. C. G. Vs. Road, Chembur, Fci, S.O. Mumbai – 400074. Pan/Gir No. Aaccj2107Q (Appellant) : (Respondent) Assessee By : Shri Jay Thakkar Respondent By : Ms. Kavitha Kaushik, Sr Dr Date Of Hearing : 29.09.2025 Date Of Pronouncement : 30.09.2025 O R D E R Per Kavitha Rajagopal, J M: This Appeal Has Been Filed By The Assessee, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals) Delhi (‘Ld. Cit(A)’ For Short), National Faceless Appeal Centre (‘Nfac’ For Short) Passed U/S.250 Of The Income Tax Act, 1961 (‘The Act'), Pertaining To The Assessment Year (‘A.Y.’ For Short) 2022-23. 2. The Assessee Has Raised The Following Grounds Of Appeal: 1.0 On Facts & Circumstances Of The Case & In Law, Ld. Cit(A) Erred In Not Condoning The Delay In Filing The 1" Appeal Of 118 Days & Ought To Have Considered The Bonafide Reasons & Compelling Circumstances, Supported With Affidavit, That Had Precluded The Appellant To File The 1" Appeal In Time, 2.0 On Facts & Circumstances Of The Case & In Law, Ld. Cit(A) Ought To Have Deleted The Disallowance Of Sales & Promotion Expenses Of Rs.2,73,78,889, Jaro Institution Of Technology Management & Research Ltd.

For Appellant: Shri Jay ThakkarFor Respondent: Ms. Kavitha Kaushik, SR DR
Section 139(4)Section 143(2)Section 143(3)Section 2Section 250Section 37(1)Section 40

IN THE INCOME TAX APPELLATE TRIBUNAL “F” BENCH, MUMBAI BEFORE MS. KAVITHA RAJAGOPAL, JM AND SHRI OMKARESHWAR CHIDARA, AM Jaro