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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)

Calcutta Fruits Company, Kolkata vs. I.T.O., Ward - 43(1), Kolkata

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

ITA 2556/KOL/2024[2017-2018]Status: DisposedITAT Kolkata07 Jul 2025AY 2017-2018

Bench: Shri George Mathancalcutta Fruits Company, Vs Ito Ward-43(1), Kolkata 10A, Madan Mohan Street, Burrabazar, Kolkata Pan No. :Aabfc 9447 J (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri Manoj Kataruka, Ar राजस्व की ओर से /Revenue By : Shri Mrinmay Basak, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 07/07/2025 घोषणा की तारीख/Date Of Pronouncement : 07/07/2025 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Dated 26.07.2024, Passed By The Addl./Jcit(A)-2, Ahmedabad, For The Assessment Year 2017-2018. 2. Shri Manoj Kataruka, Ld.Ar Appeared On Behalf Of The Assessee & Shri Mrinmay Basak, Ld. Sr. Dr Appeared On Behalf Of The Revenue. 3. It Was Submitted By The Ld. Ar That The Assessee Has Filed Additional Grounds On 08.05.2025, Which Reads As Under :- Additional Ground Of Appeal: - 1) That On The Facts & In The Circumstances Of The Case, The Action Of The Ao To Frame Assessment On Basis Of An Invalid Notice Issued U/S 143(2) Renders The Assessment Framed As Invalid & Bad In Law. The Aforesaid Ground Of Appeal Raised Is Purely Legal Issue Which Goes To The Root Of The Matter & The Same Does Not Require Any Fresh Investigation Into The Fact, Facts Already Being On Record. Further, The Omission To Raise The Additional Grounds Is Neither Wilful Nor Intentional. In View Of The Above, The Aforesaid Additional Grounds May Kindly Be Admitted & Adjudicated While Hearing The Appeal Filed By The Assessee. An Opportunity Of Being Heard Is Prayed For.

For Appellant: Shri Manoj Kataruka, ARFor Respondent: Shri Mrinmay Basak, Sr. DR
Section 143(2)Section 148

आयकर अपीलीय अधिकरण,“एस.एम.सी” न्यायपीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, KOLKATA श्री जाजज माथन

Ttec India Customer Solutions Pvt. Ltd., Ahmedabad vs. The Pr.CIT-3, Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 1026/AHD/2025[2020-21]Status: DisposedITAT Ahmedabad04 Jul 2025AY 2020-21

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokarasstt.Year : 2020-21 Ttec India Customer Solutions Pr.Commissioner Of Private Limited, Ttec Ahmedabad Vs. Income Tax-3 Opp: L.J.College Vejalpur Off: Sg Road, Makarba Ahmedabad. Fatewadi Bo, Fatewadi Ahmedabad. Pan : Aaccm 1005A (Applicant) (Responent) : Shri Vishal Kabra, Ar Assessee By : Shri Rignesh Das, Cit-Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 03/07/2025 घोषणा क" तारीख /Date Of Pronouncement: 04/07/2025 आदेश आदेश/O R D E R आदेश आदेश

For Appellant: Shri Rignesh Das, CIT-DR
Section 142(1)Section 143(2)Section 143(3)Section 263Section 37(1)Section 80G

which was subsequently revised on 04.01.2021, offering the same income. The return was selected for complete scrutiny under CASS, and statutory notices under section 143(2) were issued on 29.06.2021, followed by multiple notices under section 142(1) dated 08.11.2021, 21.02.2022, and 20.07.2022. The assessee furnished its responses electronically through ... submitted that the assessment for A.Y. 2020–21 was completed, pursuant to a detailed scrutiny proceeding initiated through notices issued under section 143(2) and several notices under section 142(1). In response to these notices, the assessee had duly furnished the financial statements including segmental