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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)

Agroha Fincap Ltd., New Delhi vs. ITO, Ward- 1(4), New Delhi

Appeal is allowed

ITA 8305/DEL/2019[2011-12]Status: DisposedITAT Delhi19 Aug 2025AY 2011-12

Bench: Shri Vikas Awasthyआअसं.8305/िद"ी/2019 (िन.व. 2011-12) Agroha Fincap Ltd., C-51, Mahendru Enclave, G.T. Karnal Road, ...... अपीलाथ"/Appellant New Delhi 110033 Pan: Aaaca-8075-G बनाम Vs. Income Tax Officer, Ward-1(4), ..... "ितवादी/Respondent R.No. 398B, Cr Building, New Delhi 110002 अपीलाथ" "ारा/Appellant By : Shri Suraj Gupta, Advocate "ितवादी"ारा/Respondent By : Shri Manoj Kumar, Sr.Dr सुनवाई क" ितिथ/ Date Of Hearing : 22/05/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 19/08/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-I, New Delhi [In Short ‘The Cit(A)’] Dated 20.08.2019, For Assessment Year 2011-12. 2. Shri Suraj Gupta, Appearing On Behalf Of The Assessee At The Outset Submitted That He Is Not Pressing Legal Ground Raised In Ground No. 2 Of Appeal. Thus, The Primary Issue For Adjudication In Appeal By The Assessee Is Addition Of Rs.25,00,000/- U/S. 68 Of The Income Tax Act,1961(Hereinafter Referred To As ‘The Act’) On Account Of Share Capital/Share Premium Received From M/S. Blue Bell Finance Ltd.

For Appellant: Shri Suraj Gupta, AdvocateFor Respondent: Shri Manoj Kumar, SR.DR
Section 148Section 68Section 69C

आयकर अपीलीय अिधकरण िद"ी पीठ “एस एम सी”, िद"ी "ी िवकास अव"थी, "ाियक सद" IN THE INCOME TAX APPELLATE TRIBUNAL

ACIT, C-4(1), Chandigarh vs. M/S Glaxosmithkline Consumer Healthcare Ltd., Gurgaon

The appeal stands dismissed

ITA 1355/CHANDI/2018[1997-98]Status: DisposedITAT Chandigarh18 Aug 2025AY 1997-98

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No.1355/Chandi/2018 (िनधा"रण वष" / Assessment Year: 1997-98) Dcit-1(1)(1) M/S Hindustan Unilever Ltd. R.N.579A, 5Th Floor (Legal Successor Of M/S Glaxosmithkline बनाम/ Aaykar Bhawan Consumer Healthcare Ltd.) Vs. Mumbai – 400020 Unilever House, B.D. Swant Marg, Chakala Andheri (East), Mumbai – 400 099 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaach-1004-N (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Rohit Jain (Advocate) & Ms. Somya Jain, Ca – Ld. Ars ""थ"कीओरसे/Respondent By : Shri Rohit Sharma (Cit) A/W Sh. Vivek Vardhan (Addl. Cit) – Ld. Drs सुनवाईकीतारीख/Date Of Hearing : 27-06-2025 घोषणाकीतारीख /Date Of Pronouncement : 18-08-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Revenue For Assessment Year (Ay) 1997-98 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals)-2, Chandigarh Dated 02-08-2018 In The Matter Of An Assessment Framed By Ld. Assessing Officer (Ao) U/S 143(3) R.W.S. 254 Of The Act On 31-03-2017. The Revenue Has Filed Revised Form No.36 On 10-09-2024 Which Is On Record. The Grounds Of Appeal Read As Under: -

For Appellant: Shri Rohit Jain (Advocate) and Ms. SomyaFor Respondent: Shri Rohit Sharma (CIT) a/w Sh. Vivek
Section 143(2)Section 143(3)Section 154Section 234DSection 43B

1 Assessment Year: 1997-98 IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, CHANDIGHARH BEFORE HON’BLE SHRI RAJPAL YADAV

Southopen Infranirman Consultants Private Limited, Kolkata vs. ITO, Ward 9(1), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 1268/KOL/2025[2018-2019]Status: DisposedITAT Kolkata18 Aug 2025AY 2018-2019

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.1268/Kol/2025 Assessment Year: 2018-19 Southopen Infranirman Consultants Pvt. Ltd.……………….……....Appellant 228A, Chittaranjan Avenue, W.B – 700006. [Pan: Aarcs2287B] Vs. Ito, Ward-9(1), Kolkata……………....…..………………….…..... Respondent Appearances By: Smt. Swati Baid, Fca Appeared On Behalf Of The Appellant. Shri Susanta Saha, Acit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 13, 2025 Date Of Pronouncing The Order : August 18, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Dated 01.04.2025 Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”). 2. Brief Facts Of The Case Are That The Assessee Has Filed Return Of Income For The Assessment Year 2018-19 Declaring Total Income Of Rs.60440/-. On Information Received That The Assessee Company Had Received Accommodation Entry Of Rs.28,00,000/- Routed Through The Bank Account Of M/S Strong Well Commodeal Pvt. Ltd. During The F.Y 2017-18. Later On, The Case Of The Assessee Was Reopened U/S 147 By Issuing Notice U/S 148 As To Believe By The Assessing Officer That The Said Income Of The Had Escaped Assessment. Thereafter, Notices U/S 143(2) & 142(1) Of The Act Were Issued To The Assessee To Furnish Necessary Details To Prove The Source The Deposit In The Bank Amount.

Section 143(2)Section 147Section 148Section 250Section 68

IN THE INCOME TAX APPELLATE TRIBUNAL ‘SMC’ BENCH KOLKATA Before Shri Sonjoy Sarma, Judicial Member and Shri Sanjay Awasthi, Accountant