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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)

DCIT, Cental Circle 2(3), Kolkata vs. Lumino Industries Limited, Merlin Acropolis, E.K.T

In the result, both the appeal of the Revenue and cross objections of the assessee are dismissed

ITA 1223/KOL/2025[2014-2015]Status: DisposedITAT Kolkata16 Sept 2025AY 2014-2015

Bench: Shri Duvvuru Rl Reddy & Shri Rajesh Kumari.T.A. No.1223/Kol/2025 Assessment Year: 2014-15 Dcit, Central Circle-2(3), Kolkata........................…...........................……….……Appellant Vs. Lumino Industries Ltd……………………............…..….…..….......……...…..…..Respondent Unit No.12/4, Merlin Acropolis, E.K.T., Kol-700107. [Pan: Aaacd9817H] C.O No.57/Kol/2025 (In I.T.A. No.1223/Kol/2025) Assessment Year: 2014-15 Lumino Industries Ltd.......................................................................……….…Cross-Objector Unit No.12/4, Merlin Acropolis, E.K.T., Kol-700107. [Pan: Aaacd9817H] Vs. Dcit, Central Circle-2(3), Kolkata ……………….…..….......……..…...…..…..Respondent Appearances By: Shri P. N. Barnwal, Cit-Dr, Appeared On Behalf Of The Revenue. Shri Akkal Dudhwewala, Fca, Appeared On Behalf Of The Assessee. Date Of Concluding The Hearing : August 06, 2025 Date Of Pronouncing The Order : September 16, 2025 Order Per Rajesh Kumar: This Is An Appeal By The Revenue & Cross Objections D By The Assessee Against The Order Of The Ld. Commissioner Of Income-Tax (Appeals) – 26, Kolkata [Hereinafter Referred To As The ‘Ld. Cit(A)’] Dated 27.03.2025 Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As The ‘Act’) For Ay 2014-15. 02. At The Outset, We Note That There Is A Delay In Filing Of The Appeal By 7 Days By The Revenue, For Which, Condonation Petition Has Been Filed. After Hearing Both The Parties & Perusing The Contents Of The Condonation Application Filed By The Revenue, We Are Of The View That The

Section 131Section 133(6)Section 143(2)Section 250Section 68

आयकर अपीलीय अिधकरण, कोलकाता पीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH KOLKATA Before Shri Duvvuru RL Reddy

Shantadurga Multi Purpose Souharda Sahakari Niyamit, Belagavi vs. Income Tax Officer, Ward - 2, Belagavi

In the result, the two appeals filed by the assessee are allowed

ITA 204/PAN/2025[2016-17]Status: DisposedITAT Panaji15 Sept 2025AY 2016-17

Bench: Shri Pavan Kumar Gadalei T A. Nos. 203 &204/Pan/2025 (A.Y.2015-16 & A.Y.2016-17) Shantadurga Multi Purpose Vs National E – Souharda Sahakari Niyamit, Assessment Centre . Shop.No.13/14,Mangal Deep, Delhi-110001 Apartments Opp:Herwadkar, Belagavi-590006, Karnataka. Pan .No.Aahas7562F (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) Assessee By Shri.Ramesh Mudhol.Ar Revenue By Smt. Manjula Thakur.Sr.Dr सुनवाई की तारीख/Date Of Hearing 10.09.2025 घोषणा की तारीख/Date Of Pronouncement 15.09.2025 Order Per Pavan Kumar Gadale, Jm: These Two Appeals Are Filed By The Assesse Against The Separate Orders Of National Faceless Appeal Centre (Nfac) Delhi / Cit(A) Passed U/Sec 250 Of The Act. The Assesse Has Raised The Grounds Of Appeal Challenging The Order Of The Nfac/ Cit(A) Sustaining The Denial Of Claim Of Deduction Under Section 80P Of The Act Applying The Provisions Of Section 80Ac Of The Act. 2. Since Issues Involved In These Appeals Are Common & Identical, Hence They Are Clubbed, Heard & A Consolidated Order Is Passed. For The Sake Of Convenience

Section 80Section 80ASection 80A(5)Section 80P

IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH PANAJI BEFORE SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER I T A. Nos

Shantadurga Multi Purpose Souharda Sahakari Niyamit, Belagavi vs. Income Tax Officer, Ward - 2, Belagavi

In the result, the two appeals filed by the assessee are allowed

ITA 203/PAN/2025[2015-16]Status: DisposedITAT Panaji15 Sept 2025AY 2015-16

Bench: Shri Pavan Kumar Gadalei T A. Nos. 203 &204/Pan/2025 (A.Y.2015-16 & A.Y.2016-17) Shantadurga Multi Purpose Vs National E – Souharda Sahakari Niyamit, Assessment Centre . Shop.No.13/14,Mangal Deep, Delhi-110001 Apartments Opp:Herwadkar, Belagavi-590006, Karnataka. Pan .No.Aahas7562F (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) Assessee By Shri.Ramesh Mudhol.Ar Revenue By Smt. Manjula Thakur.Sr.Dr सुनवाई की तारीख/Date Of Hearing 10.09.2025 घोषणा की तारीख/Date Of Pronouncement 15.09.2025 Order Per Pavan Kumar Gadale, Jm: These Two Appeals Are Filed By The Assesse Against The Separate Orders Of National Faceless Appeal Centre (Nfac) Delhi / Cit(A) Passed U/Sec 250 Of The Act. The Assesse Has Raised The Grounds Of Appeal Challenging The Order Of The Nfac/ Cit(A) Sustaining The Denial Of Claim Of Deduction Under Section 80P Of The Act Applying The Provisions Of Section 80Ac Of The Act. 2. Since Issues Involved In These Appeals Are Common & Identical, Hence They Are Clubbed, Heard & A Consolidated Order Is Passed. For The Sake Of Convenience

Section 80Section 80ASection 80A(5)Section 80P

IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH PANAJI BEFORE SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER I T A. Nos