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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)

Paloor Soman Rajeev, Cheruthony vs. Income Tax Officer, Thodupuzha

The appeal of the assessee is allowed for statistical purposes

ITA 323/COCH/2025[2020-21]Status: DisposedITAT Cochin13 Jun 2025AY 2020-21

Bench: Shri Inturi Rama Rao & Shri Sonjoy Sarmaassessment Years: 2020-21 Paloor Soman Rajeev Ito, Thodupuzha V. Kkp Building, Idukki Colony P O, Cheruthony, Idukki 685602, Kerala. Pan : Akzpr9669R. (Appellant) (Respondent) Appellant By : Shri Sreeraj, Ca Respondent By : Smt. Leena Lal, Snr Ar. Date Of Hearing : 05.06.2025 Date Of Pronouncement : 13.06.2025 O R D E R Per Sonjoy Sarma: This Appeal Is Filed By The Assessee Against The Order Dated 10.03.2025 By The National Faceless Appeal Centre (Hereinafter Referred To As ‘Cit(A)’] For The Assessment Year 2020–21. 2. Brief Facts Of The Case Are That The Assessee Has Filed Return Of Income For Assessment Year 2020-21 Declaring Total Income Of Rs.5,42,320/- & Claiming Agricultural Income As Exempt Income At Rs.45 Lakhs. The Case Of The Assessee Was Selected Under E- Assessment Scheme In Order To Scrutinize Substantial Increase In Agricultural Income As Compared To That Shown In Preceding Return & To Verify The Genuineness Of The Agricultural Income & The Agricultural Activity Of The Assessee. The Assessing Officer Issued Statutory Notices U/S 143(2) & 142(1) Of The Act Were Served

For Appellant: Shri Sreeraj, CAFor Respondent: Smt. Leena Lal, Snr AR
Section 143(2)Section 144

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN Before Shri Inturi Rama Rao, Accountant Member & Shri Sonjoy Sarma, Judicial

Sree Krishna Hardware, Kasaragod vs. Deputy Commissioner of It, Kannur

In the result, the appeal of the assessee is allowed

ITA 538/COCH/2023[2017-18]Status: DisposedITAT Cochin13 Jun 2025AY 2017-18

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm Sree Krishna Hardware ..….……….Appellant Kmc Srikrishna Souodha M.G. Road, Anebagilu Kasargod - 671121 [Pan:Aaifs8343N] Vs. Deputy Commissioner Of It , Kannur . ….. …..Respondent Appellant By: Shri. None Respondent By Smt . Leena Lal, Snr,Ar Date Of Hearing: 05 .06.2025 Date Of Pronouncement: 13.06.2025 O R D E R Per Sonjoy Sarma: This Appeal Is Filed By The Assessee Against The Order Dated 27.04.2023 By The National Faceless Appeal Centre (Hereinafter Referred To As ‘Cit(A)’] For The Assessment Year 2017–18. 2. Brief Facts Of The Case Are That The Assessee Is Engaged In The Business Of Postal Trading Of Cement, Steel & Other Building Materials. It Filed Its Return Of Income For The Assessment Year 2017–18, Declaring A Total Income Of Rs.3,69,82,950/-. The Return Was Processed Under Section 143(1) Of The Income-Tax Act. Subsequently, The Case Was Selected For Scrutiny & Notices Under Sections 143(2) & 142(1) Were Issued To The Assessee On Various Dates. During The Course Of Assessment Proceedings

For Appellant: Shri. None
Section 143(1)Section 143(3)Section 271BSection 274Section 275(1)(c)Section 44A

return was processed under Section 143(1) of the Income-tax Act. Subsequently, the case was selected for scrutiny, and notices under Sections 143(2) and 142(1) were issued to the assessee on various dates. During the course of assessment proceedings, 2 Sree Krishna Hardware the assessee duly filed

Vision Exports, Moradabad vs. Assistant Commissioner of Income Tax, Central Circle, Moradabad

The appeal of the assessee is allowed

ITA 2361/DEL/2023[2017-18]Status: DisposedITAT Delhi13 Jun 2025AY 2017-18

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaassessment Year: 2017-18 Vision Exports, Vs Acit, Faridpur, Sambhal Road, Central Circle, Moradabad – 244 001, Moradabad. Uttar Pradesh. Pan: Aajfv0634Q (Appellant) (Respondent) Assessee By : Shri Chetan Agarwal, Ca; Shri Mohammad Ammar, Ca & Shri Tariq Nafees, Advocate Revenue By : Shri Amit Katoch, Sr. Dr Date Of Hearing : 23.04.2025 Date Of Pronouncement : 13.06.2025 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Order Dated 23.06.2023 Of The Commissioner Of Income-Tax (Appeals), Lucknow-3 (Hereinafter Referred To As The Ld. First Appellate Authority Or ‘The Ld. Faa’, For Short) In Appeal No.Cit(A), Lucknow-3/10314/2018-19 Arising Out Of The Appeal Before It Against The Order Dated 30.12.2018 Passed U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By The Acit, Central Circle, Moradabad (Hereinafter Referred To As The Ld. Ao).

For Appellant: Shri Chetan Agarwal, CAFor Respondent: Shri Amit Katoch, Sr. DR
Section 127Section 132Section 142(1)Section 143(2)Section 143(3)

declaring a total income of Rs 3,03,06,350/-. The case was selected for scrutiny assessment, and consequently, a notice under section 143(2) was issued on September 17, 2018, followed by a notice under section 142(1). On December 15, 2016, a search and seizure operation was conducted ... Undisputedly, during the period of search, no incriminating material appears to have been found. However, the Revenue proceeded to issue notice under Section 143(2) of the Act on the pretext of the statements of the Directors of the respondent-assessee companies recorded under Section