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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)

Ms. Krishna Fashion World, Chembur vs. Income Tax Officer, Mumbai

In the result, all the four appeals are hereby dismissed

ITA 3271/MUM/2024[2012-13]Status: DisposedITAT Mumbai22 Jul 2025AY 2012-13

Bench: Shri Anikesh Banerjee & Smt. Renu Jauhriआयकर अपील सं./Ita No. 3270 To 3273/Mum/2024 (निर्धारण वर्ष / Assessment Year: 2010-11 To 2013-14) M/S. Krishna Fashion V/S. Income Tax Officer World बनाम Income Tax Officer, Ward 803/804, T-6, Godrej 22(2)(1), Room No. 312, Prime Colony, Sahakar Piramal Chambers, Lalbaug Nagar No.2, Shell Colony, 400012 Chembur, Mumbai 400071 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aajfk2799R Appellant/अपीलार्थी .. Respondent/प्रतिवादी निर्धारिती की ओर से / Assessee By: None राजस्व की ओर से / Revenue By: Shri Ritesh Misra, Cit Dr A/W Shri Hemanshu Joshi, Sr Dr सुनवाई की तारीख / Date Of Hearing 10.07.2025 घोषणा की तारीख/Date Of Pronouncement 22.07.2025 आदेश / Order Per Renu Jauhri [A.M.] :- These Four Appeals Are Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi 24.05.20254 Passed U/S.250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “Act”] For Assessment Year: 2010-11 To 2013-14. 2. The Assessee Has Raised The Following Grounds In These Appeals.

For Appellant: NoneFor Respondent: Shri Ritesh Misra, CIT DR a/w
Section 143(2)Section 148Section 151Section 250

आयकर अपीलीय न्यायाधिकरण न्यायपीठ, मुंबई IN THE INCOME-TAX APPELLATE TRIBUNAL “E” BENCH, MUMBAI BEFORE SHRI ANIKESH BANERJEE, JUDICIAL MEMBER

Bhavishaben Hareshbhai Rathod, Rajkot vs. Ward 2(1)(2), Rajkot

In the result, appeal of assessee is allowed

ITA 253/RJT/2025[2017-18]Status: DisposedITAT Rajkot21 Jul 2025AY 2017-18

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं /.Ita No.253/Rjt/2025 िनधा"रणवष"/ Assessment Year: 2017-18 Bhavishaben Hareshbhai Rathod The Ito, Ward-2(1)(2) बनाम Shop No. 7, Hairline Unisex Salon Rajkot Amin Marg, Gujarat Housing Board Vs. Rajkot Gujarat 360001 Pan : Aespr4119R (अपीलाथ"/Appellant) (""यथ"/Respondent) : िनधा"रती क" ओर से/Assessee By : Shri Kalpesh Doshi, Ld.Ar राज"व क" ओर से/Revenue By : Shri Abhimanyu Singh Yadav, Sr-Dr सुनवाई क" तारीख /Date Of Hearing : 08/07/2025 घोषणा क" तारीख /Date Of Pronouncement : 21/07/2025 Order Per Dr. Arjun Lal Saini: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2017-18, Is Directed Against The Separate Order Passed By The Learned Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre, Delhi[In Short ‘Ld.Cit(A)/Nfac’], Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’), Dated 27.02.2025, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 144 Of The Act. 2. The Grounds Of Appeal Raised By The Assessee Are As Follows: 1. That, The Ld. Cit(A) Has Wrongly Confirmed The Order Passed Without Serving The Statutory Notice U/S 143(2) Of The I.T. Act, 1961. 2. That, The Ld. Cit(A) Has Wrongly Confirmed The Order Passed U/S 144(1)(B) Of The I.T. Act, 1961. Shri Bhavinshaben Hareshbhai Rathodi

For Appellant: Shri Kalpesh Doshi, ld.ARFor Respondent: Shri Abhimanyu Singh Yadav, Sr-DR
Section 115BSection 142(1)Section 143(2)Section 144Section 144(1)(b)Section 234ASection 250Section 271ASection 69A

said notice though delayed, there should have been a Shri Bhavinshaben Hareshbhai Rathodi ITA No.253 /RJT/2025 (AY : 2017-18) 5 notice issued under section 143(2) of the Act, as requirement to issue notice could not be dispensed with. 21. We find that the return of income filed ... invalid, in such a case, if Assessing Officer wanted to frame assessment at higher income, he was bound to issue a notice under section 143(2) Section 143, read with section 158BC, of the Income-tax, Act, 1961 - Assessment (issue of notice u/s 143(2) – Block assessment period