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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)

Haresh Nagindas Mehta, Mumbai vs. The Income Tax Officer, Ward 26(1)(7), Mumbai

In the result, the appeal filed by the assessee is allowed

ITA 2947/MUM/2025[2012-13]Status: DisposedITAT Mumbai31 Jul 2025AY 2012-13

Bench: Shri Vikram Singh Yadav & Shri Rahul Chaudharyassessment Year : 2012-13 Haresh Nagindas Mehta, The Income Tax Officer, B/6, Samadhan Bldg, Ward-26(1)(7), L.T. Road, Mulund (E), Vs. Kautilya Bhavan, Mumbai-400081. Mumbai-400051. Pan : Aabpm4028K (Appellant) (Respondent) For Assessee : Ms. Neha Paranjpe For Revenue : Shri Surendra Mohan, Sr.Dr Date Of Hearing : 30-07-2025 Date Of Pronouncement : 31-07-2025 O R D E R Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-National Faceless Appeal Centre (Nfac), Delhi [„Ld.Cit(A)‟], Dated 28-02-2025, Pertaining To Assessment Year (Ay) 2012-13. 2. During The Course Of Hearing, The Ld.Ar Submitted That The Assessee Has Moved A Prayer For Admission Of The Following Additional Grounds Of Appeal: “Reopening Is Bad In Law: 1. The Reassessment Proceedings Initiated By The Ao & The Assessment Order Passed Pursuant To The Same Are Bad In Law & Without Jurisdiction

For Appellant: Ms. Neha ParanjpeFor Respondent: Shri Surendra Mohan, Sr.DR
Section 142(1)Section 143(2)Section 144Section 148Section 69A

procedure laid down by the Hon'ble Supreme Court. Non-issuance of the notice u/s143(2) of the Act 3. The notice under section 143(2) of the Act has never been issued and served to the Appellant before conducting the reassessment proceedings. The Issuance of the notice under section

Varun Batra, Mumbai vs. National Faceless Appeal Centre (NFAC), Delhi

In the result, the appeal filed by the assessee is hereby dismissed

ITA 3205/MUM/2022[2013-14]Status: DisposedITAT Mumbai31 Jul 2025AY 2013-14

Bench: Ms. Kavitha Rajagopal, Jm & Shri Prabhash Shankar, Am Varun Batra National Faceless Appeal Centre Flat 5, 5Th Floor, La Mer, Mistry Park, (Nfac) Kadeshwari Temple Road, Bandra Vs. West, Mumbai – 400050. Pan/Gir No. Aezpb9157L (Appellant) : (Respondent) Assessee By : None Respondent By : Ms. Kavita P. Kaushik, (Sr Dr) Date Of Hearing : 01.07.2025 Date Of Pronouncement : 31.07.2025 O R D E R Per Kavitha Rajagopal, J M: This Appeal Has Been Filed By The Assessee, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals) Delhi (‘Ld. Cit(A)’ For Short), National Faceless Appeal Centre (‘Nfac’ For Short) Passed U/S.250 Of The Income Tax Act, 1961 (‘The Act'), Pertaining To The Assessment Year (‘A.Y.’ For Short) 2013-14. 2. The Assessee Has Raised The Following Grounds Of Appeal: 1. That The Learned Commissioner Of Income Tax (Appeals), Delhi Has Grossly Erred Both In Law And, On Facts In Upholding The Determination Of Total Income Of The Appellant At Rs. 2,46,16,528/- As Against Declared Income At Rs. 2,30,52,930/- In An Order Of Assessment Dated 18.03.2016 U/S 143(3) Of The Act. 2. That The Learned Commissioner Of Income Tax (Appeals), Delhi Has Grossly Erred Both In Law & Fact In Holding That Sum Of Rs. 15,33,595/-Representing Loss On Account Of Share Trading. Varun Batra

For Appellant: NoneFor Respondent: Ms. Kavita P. Kaushik, (SR DR)
Section 143(2)Section 143(3)Section 234BSection 234CSection 250Section 68Section 71Section 72

IN THE INCOME TAX APPELLATE TRIBUNAL “F” BENCH, MUMBAI BEFORE MS. KAVITHA RAJAGOPAL, JM AND SHRI PRABHASH SHANKAR, AM Varun

Smt. Krushnaba Pravinsinh Jadeja, Rajkot-Gujarat vs. The Dy. Commr. of Income Tax, Cir.-1(1), Rajkot-Gujarat

ITA 572/RJT/2015[2012-13]Status: DisposedITAT Rajkot30 Jul 2025AY 2012-13

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita No.572/Rjt/2015 (निर्धारण वर्ष / Assessment Year: 2012-13) Krushnaba Pravinsinh Jadeja Vs. Deputy Commissioner Of Income Tax, Circle-1(1), Rajkot, Aaykar Bhavan, Race Course Ring Road, Rajkot-360 001 C.O. R.K. Shukla & Co., 201, 2Nd Floor, Opera Tower, Jawahar Road, Rajkot-360 001 (Assessee) (Respondent) आयकर अपील सं./Ita No.577/Rjt/2015 (निर्धारण वर्ष / Assessment Year: 2012-13) Deputy Commissioner Of Income Tax, Circle-1(1), Rajkot, Aaykar Bhavan, Race Vs. Krushnaba Pravinsinh Jadeja, C.O. R.K. Shukla & Co., Course Ring Road, Rajkot-360 001 201, 2Nd Floor, Opera Tower, Jawahar Road, Rajkot-360001 (Assessee) (Respondent) Assessee By Respondent By Date Of Hearing Date Of Pronouncement : Shri D.M. Rindani, Ld. Ar : Shri Sanjay Punglia, Ld. Cit-Dr : 03/06/2025 : 30/07/2025 Per, Dr. A. L. Saini, Am: आदेश / Order Captioned Cross Appeals Filed By The Assessee & Revenue, Pertaining To Assessment Year (A.Y.) 2012-13, Are Directed Against The Common Order Passed By The Learned Commissioner Of Income Tax (Appeals)-1 Rajkot, Which In Turn Arise, Out Of A Common Assessment Order, Passed By The Assessing Officer, Under Section 143(3) Of The Income Tax Act, 1961, Vide Order Dated 17.02.2015.

Section 142(1)Section 143(2)Section 143(3)Section 68

IN THE INCOME TAX APPELLATE TRIBUNAL, RAJKOT BENCH, RAJKOT BEFORE DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER AND SHRI DINESH MOHAN

Mohd. Naushad Ansari (Prop. Gulsan Sev Foods), Ahmedabad vs. The ITO, Ward-5(3)(3), Ahmedabad

In the result, the appeal filed by the assessee is allowed

ITA 620/AHD/2025[2017-18]Status: DisposedITAT Ahmedabad30 Jul 2025AY 2017-18

Bench: Ms.Suchitra R. Kamble & Shri Makarand V.Mahadeokarasstt.Year : 2017-18 Mohd Naushad Ansari The Ito, Ward-5(3)(3) Prop: Gulsan Sev Foods Vs. Anandnagar Road 51, Pujara Ni Chali Ahmedabad. Nr.Sarangpur Bridge Kamdar Medan – Gomtipur Ahmedabad 380 021 Pan: Aiwpa 6480 G (Applicant) (Responent) : Shri M.K. Patel, Ar Assessee By : Shri Amit Pratap Singh, Sr.Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 28/07/2025 घोषणा क" तारीख /Date Of Pronouncement: 30/07/2025 आदेश आदेश/O R D E R आदेश आदेश Per Makarand V.Mahadeokar, Am: This Appeal By The Assessee Is Directed Against The Order Dated 29.01.2025 Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)”], Under Section 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “The Act”], Confirming The Addition Of Rs.28,54,000/- Made By The Assessing Officer Under Section 68 Of The Act In Respect Of Cash Deposits Made In The Bank Accounts Of The Assessee During The Demonetisation Period. The Assessment Was Completed Under Section 143(3) Of The Act By The Income Tax Officer, Ward 5(3)(3), Ahmedabad [Hereinafter Referred To As “Assessing Officer Or Ao”], Vide Order Dated 29.12.2019. 2. Facts Of The Case 2

For Appellant: Shri Amit Pratap Singh, Sr.DR
Section 115BSection 142(1)Section 143(2)Section 143(3)Section 145(3)Section 250Section 271ASection 68

total income of Rs. 4,49,250/-. The case was selected for scrutiny under the Computer Aided Scrutiny Selection (CASS). Accordingly, notice under section 143(2) was issued on 22.09.2018 and served upon the assessee. During the course of the assessment proceedings, various notices under section 142(1) were issued