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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)

Khurshid Alam, Bokaro vs. ITO Ward-2(7), Hazaribagh

The appeal of the assessee is allowed for statistical purposes

ITA 496/RAN/2024[2010-11]Status: DisposedITAT Ranchi23 Jun 2025AY 2010-11

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.496/Ran/2024 Assessment Year: 2010-11 Khurshid Alam.………...................................…...........................……….……Appellant Jhirkey, Kathara, Bokaro, Jharkhand-829116. [Pan: Ahxpa0635P] Vs. Ito, Ward-2(7), Hazaribagh........…..….…..….........……........……...…..…..Respondent Appearances By: Shri M. K. Choudhary, Advocate, Appeared On Behalf Of The Appellant. Shri Khubchand T. Pandya, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : June 19, 2025 Date Of Pronouncing The Order : June 23, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 29.04.2023 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. At The Outset, The Registry Has Informed That There Is A Delay Of 540 Days In Filing The Present Appeal. The Assessee Filed An Application For Condonation Of Delay Stating Reasons For Such Delay. After Considering The Application, We Find Reasonable Cause & The Delay Was Not Intentional. We, Therefore, Condone The Delay In Filing The Appeal & Adjudicate The Appeal On Merits Of The Case. 3. Brief Facts Of The Case Are That The Assessee Is An Individual & Derived Income From Salary. The Assessee Filed His Return Of Income For The Assessment Year 2010-11 By Declaring Total Income Of Rs.2,38,770/-. The Case Of The Assessee Was Selected For Scrutiny Through Cass Followed

Section 143(2)Section 250Section 250(6)

IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, RANCHI VIRTUAL HEARING AT KOLKATA Before Shri Sonjoy Sarma, Judicial Member and

The Thudanganad Service Co-Operative Bank Ltd, Thudanganad vs. ITO, Ward 1, Thodupuzha

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

ITA 332/COCH/2025[2017-18]Status: DisposedITAT Cochin23 Jun 2025AY 2017-18

Bench: Shri Inturi Rama Rao, Am Assessment Year: 2017-18 Thudanganad Service Co-Op. Bank Ltd. .......... Appellant Thudanganad P.O., Muttom 685587 [Pan: Aacat5997N] Vs. The Income Tax Officer, Ward-1, Thodupuzha .......... Respondent Appellant By: Shri Arun Raj S., Advocate Respondent By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 26.05.2025 Date Of Pronouncement: 23.06.2025 O R D E R This Appeal Filed By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals)-1, Nashik [Cit(A)] Dated 20.03.2025 For Assessment Year (Ay) 2017-18. 2. Brief Facts Of The Case Are That The Assessee Is A Co-Operative Society Registered Under The Kerala State Co-Operative Societies Act, 1969. The Return Of Income For Ay 2017-18 Was Filed On 29.10.2017 Declaring Nil Income. The Ito, Ward 2, Thodupuzha (Hereinafter Called "The Ao") Issued Notices U/S. 143(2) & 142(1) Of The Income Tax Act, 1961 (The Act). In Response To The Notice U/S. 142(1) Dated 09.10.2019, The Assessee Filed Necessary Documents. On Verification Of The Bye Laws & Other Documents It Is Found That The Appellant Is 2 Thudanganad Service Co-Op. Bank Ltd. Engaged In Banking Activity. Against The Said Return Of Income, The Assessment Was Completed By The Ao Vide Order Dated 19.12.2019 Passed U/S. 143(3) Of The Act At A Total Income Of Rs. 14,40,605/-. While Doing So, The Ao Disallowed The Claim For Deduction Of Rs. 14,40,605/- U/S. 80P(2)(D) Of The Act Being Dividend Income Received From Other Co-Operative Societies.

For Appellant: Shri Arun Raj S., AdvocateFor Respondent: Smt. Leena Lal, Sr. D.R
Section 142(1)Section 143(2)Section 143(3)Section 80PSection 80P(2)(a)Section 80P(2)(d)

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH BEFORE SHRI INTURI RAMA RAO, AM Assessment Year: 2017-18 Thudanganad Service