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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)

Income Tax Officer, Ward-2(1)(2), Aayakar Bhavan Vejalpur vs. Vipul Jagdishbhai Patel(HUF), Naranpura Ahmedabad

In the result, the appeal filed by the Revenue is dismissed and CO filed by the assessee is allowed

ITA 1324/AHD/2025[2012-13]Status: DisposedITAT Ahmedabad27 Aug 2025AY 2012-13

Bench: Smt. Annapurna Guptaआयकर अपील सं./I.T.A. No. 1324/Ahd/2025 A/W. Cross Objection No. 59/Ahd/2025 (िनधा"रण वष" / Assessment Year : 2012-13) बनाम/ Income Tax Officer Vipul Jagdishbhai Patel Ward-2(1)(2), Ahmedabad (Huf) Vs. A-302, Aryan-2, Nr. Kabir School, B/H. St. Xaviers School, Naranpura, Ahmedabad, Gujarat - 380013 & Vipul Jagdishbhai Patel Income Tax Officer (Huf) Ward-2(1)(2), A-302, Aryan-2, Nr. Kabir Ahmedabad School, B/H. St. Xaviers School, Naranpura, Ahmedabad, Gujarat - 380013 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaghv7848P (Appellant / Cross Objector) .. (Respondent) Assessee By : Shri Kirit P Shah, A.R. Revenue By : Shri Nitin Kulkarni, Sr. Dr Date Of Hearing 19/08/2025 Date Of Pronouncement 27/08/2025 O R D E R The Present Appeal Of The Revenue & Cross Objection Of The Assessee Are Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), Addl/Jcit (A)-1, Siliguri (Hereinafter Referred To As “Cit(A)”), Dated 30.03.2025 Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As The “Act”) & Relate To Assessment Year (A.Y.) 2012-13. Ita No. 1324/Ahd/2025 A/W. Co No. 59/Ahd/2025 [Vipul Jagdishbhai Patel (Huf)] A.Y. 2012-13 - 2 – 2. The Appeal Of The Assessee Is Delayed For Filing By 16 Days. The Ao Has Explained The Cause Of Delay As Being Preoccupied In Pressing Matters Including Time Barring Matters, High Court Matters & Others. Considering The Smallness Of The Delay, We Consider It Fit To Condone The Delay. Order Was Pronounced In The Open Court.

For Appellant: Shri Kirit P Shah, A.RFor Respondent: Shri Nitin Kulkarni, Sr. DR
Section 132Section 143(1)Section 147Section 250

IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, AHMEDABAD BEFORE SMT. ANNAPURNA GUPTA, ACCOUNTANT MEMBER आयकर अपील सं./I.T.A. No

P C Sales Corporation, Delhi vs. Income Tax Officer, Ward 63(1), Delhi

Appeal is allowed

ITA 4508/DEL/2025[2018-19]Status: DisposedITAT Delhi27 Aug 2025AY 2018-19

Bench: Sh. Satbeer Singh Godaraita No. 4508/Del/2025 : Asstt. Year : 2018-19 P C Sales Corporation, Vs Income Tax Officer, 7650769, 1St Floor, Rishi Bhawan, Ward-64(4), Tilak Bazar, Delhi-110006 New Delhi-110002 (Appellant) (Respondent) Pan No. Aalfp6560F Assessee By: Sh. Sachin Kumar, Ca & Sh. Achin Garg, Adv. Revenue By : Sh. Manoj Kumar, Sr. Dr Date Of Hearing: 27.08.2025 Date Of Pronouncement: 27.08.2025 Order This Assessee’S Appeal For Assessment Year 2018-19, Arises Against The Cit(A)/Nfac, Delhi’S Din & Order No. Itba/Nfac/S/250/2025-26/1078496193(1) Dated 15.07.2025, In Proceedings U/S 147 R.W.S. 144 Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: Sh. Sachin Kumar, CA &For Respondent: Sh. Manoj Kumar, Sr. DR
Section 143(2)Section 147Section 148

very fair in having tabulated all the notices issued to the assessee in his assessment order wherein there is not even mention of section 143(2) process’s compliance. 4. The above being the clinching factual position, I hereby quote ACIT Vs. Hotel Blue Moon ... quash impugned assessment itself on account of the learned Assessing Officer’s failure to issue section 143(2) notice which has been held as a mandatory compliance in hon’ble apex court’s landmark decision. Ordered accordingly. 5. All other pleadings on merits stand rendered academic. 6. This assessee