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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)

Jai Shankar Maheshwari, Delhi vs. DCIT, Central Circle-31, New Delhi, Delhi

In the result, the appeal of the assessee is allowed

ITA 1183/DEL/2024[2021-22]Status: DisposedITAT Delhi06 Aug 2025AY 2021-22

Bench: Shri Mahavir Singh & Shri Manish Agarwal[Assessment Year : 2021-22] Shri Jai Shankar Vs Dcit, Maheshwari, B-14, 2Nd Floor, Central Circle-31, Preet Vihar, Delhi-110092. New Delhi Pan-Aaupm3199E Appellant Respondent Appellant By Dr.Rakesh Gupta, Adv. Respondent By Shri Om Parakash, Sr.Dr Date Of Hearing 14.05.2025 Date Of Pronouncement 06.08.2025 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By The Assessee Against The Order Dated 31.01.2024 Of Ld. Commissioner Of Income Tax (A)-30, New Delhi [“Ld.Cit(A)”] In Appeal No.10146/2020-21 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising From The Assessment Order Dated 30.12.2022 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2020-21. 2. Brief Fact Of The Case Are That The Assessee Is An Individual, Having Income From Salary & Interest Income & Filed His Return Of Income On 10.01.2022, Declaring Income Of Inr 5,46,580/-. The Assessment Was Selected For Scrutiny By Way Of Issue Of Notice On 30.06.2022 & After Considering The Submissions Of The Assessee & Also Placing Reliance On The Material Found During The Course Of Search Carried Out On M/S. Jainco Ltd. On 06.01.2021, An Addition Of Inr 62,00,000/- Is Made To The Total Income Of The Assessee By Holding That The Same As Undisclosed Sales Consideration Received In Addition To The Agreed Consideration Received On The Sale Of 50% Of Shares In The Property At G-174, 2Nd Floor, Preet Vihar, New Delhi-110092. 3. Against This Order, An Appeal Filed By The Assessee Before Ld.Cit(A) Wherein The Assessee Has Challenged The Assessment Order On Merits Of The Additions Which Has Been Dismissed By The Ld.Cit(A) In Terms Of Impugned Order Dated 31.01.2024. 4. Aggrieved By The Said Order, The Assessee Is In Appeal Before Tribunal Wherein Following Grounds Of Appeal Are Taken:-

Section 143(3)Section 153CSection 250Section 54

notice u/s 143(2) of the Act after obtaining the necessary approval from PCIT. 13. Further, it is pertinent to mention provisions of section 143(2) and section 143(3) of the Act which are as under: "(2) Where a return has been furnished under section 139, or in response

Bhaveshbhai Haribhai Kanani, Jamnagar vs. ITO WD-1(3) Jamnagar, Jamnagar

In the result, appeal filed by the assessee is allowed

ITA 254/RJT/2025[2018-19]Status: DisposedITAT Rajkot05 Aug 2025AY 2018-19

Bench: Dr. Arjun Lal Sainiआयकर अपील सं./ Ita No.254/Rjt/2025 "नधा"रण वष"/Assessment Year : 2018-19 Bhaveshbhai Haribhai Income Tax Officer, बनाम/ Kanani, Ward-1(3), Jamnagar, Taranjali Vs Buildng, Income Tax Officer, Nr. Plot No.E211, Gidc Phase- 2 Dared, Jamnagar-361008 Amber Cinema, Pt. Nehru Marg, Hospital Rod, Jamanagar-361 008 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acypk 5085 F (अपीलाथ"/Appellant) (""यथ"/Respondent) "नधा"रती क" ओर से/Assessee By : Shri Chetan Agarwal, Ar राज"व क" ओर से/Revenue By : Shri Dheeraj Kumr Gupta, Sr-Dr सुनवाई क" तार"ख /Date Of Hearing : 15/05/2025 घोषणा क" तार"ख /Date Of Pronouncement : 05/08/2025 आदेश/Order Per, Dr. Arjun Lal Saini, Am Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2018-19, Is Directed Against The Order Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) By National Faceless Appeal Centre (Nfac), Delhi/Commissioner Of Income-Tax (Appeals), Dated 18.11.2024, Which In Turn Arises Out Of A Penalty Levied U/S 271B Of The Act, Dated 23.11.2021. 2. The Grounds Of Appeal Raised By The Assessee Are As Follows: “The Ld. Cit(A) Erred In Law As Well On Fact In Upholding Penalty Of Rs.1,50,000 Imposed By Ld.Ao U/S 271B Of The Act.”

For Appellant: Shri Chetan Agarwal, ARFor Respondent: Shri Dheeraj Kumr Gupta, Sr-DR
Section 142(1)Section 143(2)Section 250Section 271BSection 274Section 44A

ITA No. 254/Rjt/2025 AY: 18-19 Bhaveshbhai H Kanani, आयकर अपील"य अ"धकरण,राजकोट "यायपीठ, राजकोट। IN THE INCOME

Manoj Kumar, Aurangabad vs. ITO Ward-3(3), Aurangabad, Gaya

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

ITA 75/PAT/2025[2021-22]Status: HeardITAT Patna05 Aug 2025AY 2021-22

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.75/Pat/2025 Assessment Year: 2021-22 Manoj Kumar……………………….....…..…………………....Appellant Chawal Bazar, Main Road, Daudnagar, Aurangabad, Bihar-824143. [Pan: Andpk2914K] Vs. Ito, Ward-3(3), Aurangabad……….…............................…..…..... Respondent Appearances By: Shri Devesh Poddar, Advocate, Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 24, 2025 Date Of Pronouncing The Order : August 5, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal Has Been Filed By The Assessee Against The Order Passed By The National Faceless Appeal Centre ["Cit(A)"] For The Assessment Year 2021-21. 2. At The Outset, It Is Noted That There Is A Delay Of 145 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. The Assessee Filed Its Return Of Income For The Assessment Year 2021–22 Declaring Total Income Of ₹ 5,54,350. The Return Was Selected For Scrutiny & Notices Under Section 143(2) & Section 142(1) Of The

Section 142(1)Section 143(2)Section 143(3)Section 144BSection 69A

income for the Assessment Year 2021–22 declaring total income of ₹ 5,54,350. The return was selected for scrutiny, and notices under Section 143(2) and Section 142(1) of the I.T.A. No.75/Pat/2025 Manoj Kumar Act were issued. Since the assessee failed to furnish complete and satisfactory responses

Ankit Metal & Power Ltd., Kolkata vs. ACIT, Cen. Cir. 3(2), Kolkata

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

ITA 796/KOL/2024[2015-16]Status: DisposedITAT Kolkata05 Aug 2025AY 2015-16

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.796/Kol/2024 Assessment Year: 2015-16 Ankit Metal & Power Ltd………..……..…………………....Appellant 35, Chittaranjan Avenue, Kol-12. [Pan: Aaeca5230B] Vs. Acit, Central Circle-3(2), Kolkata…..…..………………….…..... Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri Raja Sengupta, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 22, 2025 Date Of Pronouncing The Order : August 05, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal By The Assessee Is Directed Against The Order Dated 09.01.2024 Passed By The Cit(A)-21, Kolkata [In Short Cit(A)] Under Section 250 Of The Income-Tax Act, 1961. 2. Brief Facts Of The Case Are That The Assessee Was Subjected To Reassessment Proceedings Under Section 147 Of The Income-Tax Act, 1961 ("The Act") Pursuant To Information Gathered During Search & Seizure Operations Conducted Under Section 132 Of The Act In The Case Of One Sanjeev Kejriwal & His Group Entities. During The Course Of Such Proceedings, It Was Revealed That Mr. Kejriwal Was Engaged In Providing Accommodation Entries Through Various Concerns Including: M/S Rajputana General Commercial Corporation Pvt. Ltd., M/S Arvind Trading Company & M/S Shri Krishna Trading Company. In His Sworn Statement, Mr. Kejriwal Admitted That These Entities Were Non-

Section 132Section 143(3)Section 147Section 148Section 250Section 68

Casting Ltd. amounting to Rs.1,10,00,000/- notice under section 148 was issued to the assessee. Subsequently, notices under sections 143(2) and 142(1) were issued, seeking explanation and supporting evidence regarding the source and nature of the alleged credits. The assessee submitted certain replies but raised preliminary

Deputy Commissioner of Income Tax, Chennai vs. K S Palanisamy, Erode

In the result, the appeal filed by the Revenue is dismissed

ITA 660/CHNY/2025[2017-18]Status: DisposedITAT Chennai05 Aug 2025AY 2017-18

Bench: Shri George George Kand Ms. S. Padmavathyआयकरअपीलसं/.Ita No.660/Chny/2025 िनधा"रणवष"/Assessment Years: 2017-18 The Deputy Commissioner Of K.S. Palanisamy, Income Tax, Vs. Kuppagounden Valasu, Central Circle - 2(4), Avalpoondurai, Erode 638 115. Chennai. [Pan: Ajipp-8193-Q] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Ms. E. Pavuna Sundari, Cit ""यथ" क" ओर से/Respondent By : Shri Y. Sridhar, F.C.A. सुनवाई क" तारीख/Date Of Hearing : 23.07.2025 घोषणा क" तारीख/Date Of Pronouncement : 05.08.2025 आदेश /O R D E R Per George George K: This Appeal At The Instance Of The Revenue Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals) - 19, Chennai Dated 31.12.2024, Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Year Is 2017-18. 2. The Solitary Issue Raised In The Appeal Is With Regard To Deletion Of Addition Made On Account Of Alleged Receipts From M/S. Srs Mining.

For Appellant: Ms. E. Pavuna Sundari, CITFor Respondent: Shri Y. Sridhar, F.C.A
Section 132Section 132(4)Section 139(1)Section 142(1)Section 143(2)Section 143(3)Section 153CSection 250Section 34

assessee submitted his reply on 15.12.2022 and filed his return of income on 12.12.2022 declaring total income of ₹.8,76,400/-. Notice under section 143(2) of the Act was issued and served to the assessee on 16.12.2022. The reply of the assessee has been reproduced at para