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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)

Hirabai & Hormusji Jiwanivakil Model School Trust, Dahanu Road vs. The Income Tax Officer, Exemption Ward, Thane

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

ITA 4137/MUM/2025[2016-17]Status: DisposedITAT Mumbai24 Sept 2025AY 2016-17

Bench: Shri Pawan Singh & Smt. Renu Jauhriआयकर अपील सुं./Ita No.4137/Mum/2025 (धििाारण वर्ा / Assessment Year: 2016-2017) Hirabai & Hormusji V/S. Income Tax Officer, Jiwanivakil Model बिाम Exemption Ward, Thane School Trust Income Tax Officer, Near Chandra Takies, Exemption Ward, Thane Masoli, Dahanu Road, 400604 Palghar 401602 स्थायी लेखा सुं./जीआइआर सुं./Pan/Gir No: Aaath1536J Appellant/अपीलाथी .. Respondent/प्रधिवादी धििााररिी की ओर से /Assessee By: Shri Piyush Bafna, Ca (Virtually Appear) राजस्व की ओर से /Revenue By: Shri Ritesh Misra, Cit Dr स िवाई की िारीख / Date Of Hearing 25.08.2025 घोर्णा की िारीख/Date Of Pronouncement 24.09.2025 आदेश / O R D E R Per Renu Jauhri [A.M.] :- This Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 23.04.2025 Passed U/S. 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “Act”] For Assessment Year 2016-2017. 2. The Assessee Has Raised The Following Grounds In This Appeal. “1. It Is Submitted That The Order Imposing Penalty Of Rs. 10,000/-Dated 28.06.2019 [Itba/Pnl/7271(1)(B)/2019-20/1016563977(1)] Is Bad In Law & Is Required To Be Held As Illegal As The Penalty Order Is Under The Signature Of Mr. Sanjay Kumar, Ito Exemption Ward, Thane. However, The Demand Notice Has Been Issued On 27.06.2019 By Mr. Prashant Singh, Ito Exemption Ward, Thane, I.E. One Day Prior To The Issue

For Appellant: Shri Piyush Bafna, CA (VirtuallyFor Respondent: Shri Ritesh Misra, CIT DR
Section 143(2)Section 144Section 156Section 250Section 271(1)(b)

आयकर अपीलीय न्यायाधिकरण न्यायपीठ, म ुंबई| IN THE INCOME-TAX APPELLATE TRIBUNAL “E” BENCH, MUMBAI BEFORE SHRI PAWAN SINGH, JUDICIAL

Priyanka, New Delhi vs. Income Tax Officer, Ward 50(3), Delhi

Appeal is allowed

ITA 4665/DEL/2025[2017-18]Status: DisposedITAT Delhi24 Sept 2025AY 2017-18

Bench: Shri Mahavir Singh, Hon’Bleasstt. Year : 2017-18 Priyanka Vs. Ito, Ward 50(3), Block 5/25, Old Rajinder Nagar, Delhi New Delhi (Pan: Avnpp5108Q) (Appellant) (Respondent) Appellant By : Ms. Meenal Goyal, Ca & Sh. Abhinav Jain, Adv. Respondent By : Shri Manoj Kumar, Sr. Dr. Date Of Hearing 04.09.2025 Date Of Pronouncement 24.09.2025 Order This Appeal By The Assessee Is Emanating From The Order Of The Ld. Nfac, Delhi Dated 26.07.2025 On The Solitary Ground Relating To Sustaining The Addition Of Rs. 30,65,000/- Made By The Ao U/S. 69A Of The Act. 2. Brief Facts Of The Case Are That Assessee Filed Its Return Of Income For The Assessment Year 2017-18 On 31.10.2017 Declaring A Total Income Of Rs. 3,23,910/-. Subsequently, The Case Was Selected For Scrutiny & Notices U/S. 143(2) & 142(1) Of The Act Were Issued & Served. The Reasons For Selection Of The Case For Scrutiny Were, “Abnormal Increase In Cash Deposits During Demonetization Period & High Value Receipt Of Cash Shown From Third Parties In Response Data”. The Assessee Was Found To Have Deposited Cash Of Rs. 30,65,000/- During The Demonetization Period In Fy 2016-17 In Her Bank Account Maintained With The Punjab National Bank. The Assessee Claimed That The Said Cash Was Received By Her

For Appellant: Ms. Meenal Goyal, CA & Sh. Abhinav Jain, AdvFor Respondent: Shri Manoj Kumar, Sr. DR
Section 115BSection 143(2)Section 143(3)Section 69A

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH “SMC’’ : NEW DELHI) BEFORE SHRI MAHAVIR SINGH, HON’BLE VICE PRESIDENT Asstt

ITO, Delhi vs. Usha Rani, Delhi

Appeal are allowed

ITA 2286/DEL/2025[2016-17]Status: DisposedITAT Delhi24 Sept 2025AY 2016-17

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaassessment Year: 2016-17 Ito, Vs Usha Rani, Ward-44(1), 593, Rani Bagh, Delhi. Delhi. Pan: Ahrpc1449F (Appellant) (Respondent) Assessee By : Shri Sanjay Gupta, Ca Revenue By : Shri Ajay Kumar Arora, Sr. Dr Date Of Hearing : 08.09.2025 Date Of Pronouncement : 24.09.2025 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Revenue Against The Order Dated 07.02.2025 Of The Commissioner Of Income-Tax (Appeals), Nfac, Delhi (Hereinafter Referred To As The Ld. First Appellate Authority Or ‘The Ld. Faa’ For Short) In Appeal No.Nfac/2015-16/10332913 Arising Out Of The Appeal Before It Against The Order Dated 08.03.2024 Passed U/S 147 R.W.S. 144B Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’) By The Ito, Ward-44(1), Delhi (Hereinafter Referred To As The Ld. Ao). 2. On Hearing Both The Sides, We Find That The Case Of The Revenue Is That The Assessee Has Been Erroneously Benefitted By The Ld.Cit(A) As The Source Of The Source Of Her Husband’S Agricultural Activities Has Not Been Examined. We Find That The Revenue Has Also Raised A Ground That Additional Evidences Were Accepted Without Giving The Ao An Opportunity To Contest.

For Appellant: Shri Sanjay Gupta, CAFor Respondent: Shri Ajay Kumar Arora, Sr. DR
Section 143(2)Section 147Section 148Section 148ASection 69

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES: A : NEW DELHI BEFORE SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER AND SHRI