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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- 6(2), Lucknow vs. M/S. Status Vyapaar Pvt. Ltd., Lucknow

ITA 403/LKW/2020[2012-13]Status: HeardITAT Lucknow13 Aug 2025AY 2012-13

Bench: Shri Kul Bharat & Shri Anadee Nath Misshraआयकर अपील सं/ Ita No.403/Lkw/2020 निर्धारण वर्ष / Assessment Year: 2012-13 Income Tax Officer-6(2) 27/2, Raja Ram Mohan Rai Marg, P. K. Complex, 3Rd Floor, Lucknow-226001. V. M/S. Status Vyapaar Pvt Ltd 24, Eldico Greens, Gomti Nagar, Lucknow-226010. Pan:Arvpm1497R अपीलार्थी/(Appellant) प्रत्यर्थी/(Respondent) अपीलार्थी कि और से/Appellant By: Shri Raghunath Mishra, Adv प्रत्यर्थी कि और से /Respondent By: Shri R. K. Agarwal, Cit(Dr) Order Per Anadee Nath Misshra, Am.: This Appeal, By The Revenue, Is Directed Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)-2, Lucknow Dated 24.09.2020, Pertaining To The Assessment Year 2012-13. The Revenue Has Raised The Following Grounds Of Appeal: - “1. Whether On The Facts Of Circumstances Of The Case & In Law. Ld. Cit(A)-2, Lucknow Erred In Restricting The Addition Of Rs.6,34,00,000/- Made By The Ao On Account Of Unexplained Credit U/S 68 Of The Act To Commission Income Calculated At 1% Without Appreciating That The Assessee Had Failed To Furnish Satisfactory Explanation With Regard To Identify Of The Parties, Source & Genuineness Of The Transaction 2. The Appellant Craves Leave To Add Or Amend Any One Or More Of The Grounds Of Appeal As & When Need To Doing So Arises With The Prior Permission Of The Court.” 2. In This Case, Assessment Order Dated 29.12.2019 Was Passed By The Assessing Officer Whereby The Assessee'S Total Income Was Assessed At Rs.6,34,42,150/-. Thereafter, During The Assessment Proceedings, The Assessing Officer Noted That There Were Total Credit Entries Of Rs.9.84 Crores & Matching Debit

For Appellant: Shri Raghunath Mishra, AdvFor Respondent: Shri R. K. Agarwal, CIT(DR)
Section 150Section 68

आयकर अपीलीय अधिकरण 'ए' न्यायपीठ, लखनऊ। IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH “A”, LUCKNOW श्री कुल भारत, उपाध्यक्ष

Highgrowth Vyapaar Pvt. Ltd., Kolkata vs. ITO, Ward 12(1), Kolkata

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

ITA 1022/KOL/2025[2011-2012]Status: DisposedITAT Kolkata13 Aug 2025AY 2011-2012

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.1022/Kol/2025 Assessment Year: 2011-12 Highgrowth Vyapaar Pvt. Ltd…………..……..…………………....Appellant 42E, Cornfield Road, Ground Floor, Ballygunge, Kol-19. [Pan: Aacch0203R] Vs. Ito, Ward-12(1), Kolkata..…………....…..………………….…..... Respondent Appearances By: Shri Avijit Ghoshal, Advocate, Appeared On Behalf Of The Appellant. Shri Soumitra Ghosh, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 28, 2025 Date Of Pronouncing The Order : August 13, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre Dated 15.03.2024 Passed Against The Assessment Order Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2011–12. 2. At The Outset, It Is Noted That There Is A Delay Of 347 Days In Filing The Present Appeal Before The Tribunal. The Assessee Has Filed A Condonation Petition Explaining The Reasons Or Such Delay. After Considering The Submissions & Materials On Record, We Are Satisfied That There Was Reasonable Cause For The Delay In Filing The Appeal. Accordingly, The Said Delay Is Condoned & The Appeal Is Admitted For Adjudication. 3. Brief Facts Of The Case Are That In The Case Of The Assessee, The Return Of Income Was Filed On 18.03.13 Disclosing A Loss Of Rs.11,281/-.

Section 143(1)Section 143(2)Section 147Section 250Section 68

IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH KOLKATA Before Shri Sonjoy Sarma, Judicial Member and Shri Rakesh Mishra, Accountant