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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)

Virutcham Micro Finance Ltd., Madurai vs. ITO, Corp. Circle.2, Madurai

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1313/CHNY/2025[2017-18]Status: DisposedITAT Chennai18 Jul 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.1313/Chny/2025 िनधा"रण वष"/Assessment Year: 2017-18 Virutcham Micro Finance Limited, Vs. The Assistant Commissioner Of C-50, Gurudev Nagar, Avaniyapuram Income Tax, Bypass Road, Madurai 625 002. Corporate Circle 2, Madurai. [Pan:Aaccv9529Q] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : None ""थ" की ओर से/Respondent By : Ms. V. Supraja, Addl.Cit सुनवाई की तारीख/ Date Of Hearing : 16.07.2025 घोषणा की तारीख /Date Of Pronouncement : 18.07.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 27.03.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2017-18. 2. When The Appeal Was Taken Up For Hearing On 16.07.2025, We Find No Representation On Behalf Of The Assessee. Further, On Perusal Of The Record, We Find That The Notice Issued On 18.06.2025 Returned

For Appellant: NoneFor Respondent: Ms. V. Supraja, Addl.CIT
Section 115BSection 115JSection 4Section 68

income of ₹.21,17,239/- under section 115JB of the Act. The case was selected for complete scrutiny and issued statutory notices under sections 143(2) and 142(1) of the Act. On verification of the details filed by the assessee in response to various notices, the Assessing Officer noted

Income Tax Officer, New Delhi vs. Anil Kumar Bhakkar, Delhi

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

ITA 4769/DEL/2024[2017-18]Status: DisposedITAT Delhi18 Jul 2025AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanincome Tax Officer, Vs. Anil Kumar Bhakkar, New Delhi. E – 99 – B, Mansarover Garden, Delhi – 110 015. (Pan : Aampb0474B) (Appellant) (Respondent) Assessee By : Shri Ashok Agarwal, Ca Revenue By : Shri Rajesh Tiwari, Sr. Dr Date Of Hearing : 20.05.2025 Date Of Order : 18.07.2025 O R D E R Per S.Rifaur Rahman: 1. This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Ld. Cit (A)] Dated 23.09.2024 For Assessment Year 2017-18. 2. Brief Facts Of The Case Are, Assessee Filed Its Return Of Income On 27.10.2017 Declaring An Income Of Rs.9,65,820/-. The Case Was Selected For Complete Scrutiny Through Cass. Based On The Information Available With The Revenue That Assessee Has Deposited Cash Of Substantial Amount As Compared

For Appellant: Shri Ashok Agarwal, CAFor Respondent: Shri Rajesh Tiwari, Sr. DR
Section 143(2)Section 145(3)Section 68

with the Revenue that assessee has deposited cash of substantial amount as compared 2 to returned income during demonetization period. Accordingly, notices under section 143(2) and 142(1) of the Income-tax Act, 1961 along with questionnaire were issued to explain the source of cash deposit made during demonetization

Jose Salvador Bemvindo Fernandes, Cuncolim, Goa vs. Income Tax Officer, W-1, Margao, Goa

In the result, the appeal filed by assesse is allowed for statistical purposes

ITA 56/PAN/2025[2015-16]Status: DisposedITAT Panaji17 Jul 2025AY 2015-16

Bench: Shri Pavan Kumar Gadale & Shri G D Padmahshalii T A. Nos.56/Pan/2025 (A.Y. 2015-16) Jose Salvador Bemvindo Ito-Ward-1, Vs Fernandes, Blessings Pioneer . Voddy, Cuncolim, Complex, Salcete-403703, Old Market, Goa. Margoa, Goa-403601. Pan/Gir No. Abjpf7713K (अपीलाथ"/Appellant) (""यथ"/Respondent) Assessee By Shri.Narcinva Lotlikar.Ar Revenue By Smt.Rijula Uniyal.Sr.Dr सुनवाई क" तार"ख/Date Of Hearing 07.07.2025 घोषणा क" तार"ख/Date Of Pronouncement 17.07.2025 Order Per Pavan Kumar Gadale ,Jm: The Assesse Has Filed The Appeal Against The Order Of The Nfac/Cit(A) Delhi Passed U/Sec147 R.W.S144B & U/Sec 250 Of The Act. 2. At The Time Of Hearing, It Was Found That There Is A Delay Of 45 Days In Filing The Appeal Before The Hon’Ble Tribunal & The Assesse Has Filed An Affidavit For Condonation Of Delay. Whereas, The Facts Mentioned In The Affidavit Are Reasonable & Sufficient Cause Was Explained & The Ld. Dr Has No Specific Objections. Accordingly, We Condone The 2 Ita. No.56/Pan/2025 Jose Salvador Bemvindo Fernandes. Delay & Admit The Appeal. The Assesse Has Raised The Grounds Of Appeal Challenging The Ex-Parte Order Of The Cit(A) Sustaining The Addition Made By The Assessing Officer.

Section 144

IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI BENCH PANAJI BEFORE SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER & SHRI G D PADMAHSHALI

Navnitbhai Jerambhai Desai, Surat vs. ITO, Ward- 3(2)(1), Surat

In the result, appeal of the assessee is allowed

ITA 136/SRT/2025[2017-18]Status: DisposedITAT Surat17 Jul 2025AY 2017-18

Bench: Shri Tr Senthil Kumar & Shri Bijayananda Prusethआयकर अपील सं./Ita No.136/Srt/2025 Assessment Year: (2017-18) (Hybrid Hearing) Navnitbhai Jerambhai Desai Income Tax Officer 44, Vaikunthdham Society, Vs. Ward No.3(2)(1), Surat, Laxmikant Aashram Road, Aayakar Bhavan, Majura Katargam, Surat-395 004 Gate, Surat-395 001 स्थायीलेखासं./जीआइआरसं./Pan/Gir No: Afzpp 3076 P (अपीलाथ"/Appellant) (प्र"थ" /Respondent) िनधा"रती की ओर से /Appellant By Shri Mehul Shah, Ca राज" की ओर से /Respondent By Shri Ajay Uke, Sr-Dr सुनवाई की तारीख/Date Of Hearing 02/07/2025 उद्घोषणा की तारीख/Date Of Pronouncement 17/07/2025 आदेश / O R D E R Per Bijayananda Pruseth, Am: This Appeal By The Assessee Emanates From The Order Passed Under Section 250 Of The Income-Tax Act, 1961 (In Short, ‘The Act’) Dated 13.12.2024 By The National Faceless Appeal Centre (Nfac), Delhi/Commissioner Of Income-Tax (Appeals) [In Short, ‘Cit(A)’] For The Assessment Year (Ay) 2017-18, Which In Turn Arises Out Of Assessment Order Passed By Assessing Officer (In Short, ‘Ao’) U/S 144 Of The Act Dated 26.11.2019. Grounds Of Appeal Raised By The Assessee Are As Under: “1. On The Facts & Circumstances Of The Case, The Learned Cit(A) Has Erred In Confirming The Action Of Assessing Officer In Making Addition Of Rs.13,68,000/- On Account Of Unexplained Income U/S 69A R.W.S. 115Bbe.

Section 115BSection 143(2)Section 144Section 250Section 69A

`IN THE INCOME-TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI TR SENTHIL KUMAR, JUDICIAL MEMBER & SHRI BIJAYANANDA PRUSETH, ACCOUNTANT