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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)

Sh. Kala Singh, Yamunanagar vs. ITO, Ward -2, Yamunanagar

In the result, the appeal is allowed for statistical purposes

ITA 714/CHANDI/2023[2012-13]Status: DisposedITAT Chandigarh21 Jul 2025AY 2012-13

Bench: Shri Laliet Kumar & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 714/Chd/2023 "नधा"रण वष" / Assessment Year : 2012-13 Kala Singh, The Ito, Vpo Chhapar Monsoorpur बनाम Ward-2, Dera On Adhoya Road, Yamunanagar Vs. Tehsil Jagadhari, Yamunanagar 136135 "थायी लेखा सं./ Pan No: Cjbps2750K अपीलाथ"/Appellant ""यथ"/Respondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Sh. Tej Mohan Singh, Advocate राज"व क" ओर से/ Revenue By : Shri Vivek Vardhan, Addl. Cit, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 15.07.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 21.07.2025 आदेश/Order Per Krinwant Sahay, Am : Appeal In This Case Has Been Filed By The Assessee Against The Order Dated 22.09.2023 Passed By The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2012-13. 2. Grounds Of Appeal Are As Under:

For Appellant: Sh. Tej Mohan Singh, AdvocateFor Respondent: Shri Vivek Vardhan, Addl. CIT, Sr. DR
Section 143(2)Section 143(3)Section 147Section 148Section 69A

आयकर अपील"य अ"धकरण, च"डीगढ़ "यायपीठ, च"डीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCH, ‘A’, CHANDIGARH

Sanjeev Kumar Azad, Danapur vs. Assessment Unit, Income Tax Department, Delhi

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

ITA 247/PAT/2025[2022-23]Status: DisposedITAT Patna18 Jul 2025AY 2022-23

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.247/Pat/2025 Assessment Year: 2022-23 Sanjeev Kr. Azad.………………….....…..…………………....Appellant Flat No.302, Radhe-Krishna Apartment, Goal Road, Danapur, Bihar-801503 [Pan: Aicpa9561G] Vs. Assessment Unit, Nfac, Delhi……….…............................…..…..... Respondent Appearances By: Shri Ravi Shankar, Appeared On Behalf Of The Appellant. Shri Ashwani Kumar, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 17, 2025 Date Of Pronouncing The Order : July 18, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 27.03.2025 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For A.Y. 2022-23 Declaring A Total Income Of Rs.2,50,000. The Return Was Processed Under Section 143(1) Of The Income-Tax Act, 1961. The Case Was Subsequently Selected For Scrutiny Under Cass Based On The Reason That Substantial Cash Deposits Had Been Made In The Assessee'S Current Account, Disproportionate To The Returned Income. Notices Under Sections 143(2) & 142(1) Were Issued. During The Assessment Proceedings, The Assessing Officer (Ao) Noted That The

Section 133(6)Section 143(1)Section 250

reason that substantial cash deposits had been made in the assessee's current account, disproportionate to the returned income. Notices under sections 143(2) and 142(1) were issued. During the assessment proceedings, the Assessing Officer (AO) noted that the I.T.A. No.247/Pat/2025 Sanjeev Kr. Azad assessee had made cash deposits