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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)

Sharad Gramin Bigarsheti Sahakari Patsanstha Maryadit, Nirgudsar vs. Income Tax Officer, Ward 10(5). Pune, Akurdi

In the result, the appeal of the assessee is partly allowed

ITA 435/PUN/2025[2020-21]Status: DisposedITAT Pune03 Jun 2025AY 2020-21

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.435/Pun/2025 िनधा"रण वष" / Assessment Year : 2020-21 Sharad Gramin Bigarsheti Vs. Ito, Ward-10(5), Pune. Sahakari Patsanstha Maryadit, At Post Nirgudsar, Dist.- Pune- 412406. Pan : Aabas8790H Appellant Respondent Assessee By : Shri Dhiraj S. Dandgaval Revenue By : Shri Kumar Manish Sinha Date Of Hearing : 09.04.2025 Date Of Pronouncement : 03.06.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 28.11.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2020-21. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & In The Circumstances Of The Case & In Law The Learned Commissioner Of Income Tax (Appeals), Nfac Was Not Justified In Denying The Claim Of Deduction Claimed U/S 80P Of The Act Holding That Co-Operative Banks Are Not Co-Operative Societies. The Deduction Be Allowed Deleting The Addition Made By The Ao.

For Appellant: Shri Dhiraj S. DandgavalFor Respondent: Shri Kumar Manish Sinha
Section 143(2)Section 143(3)Section 234ASection 80PSection 80P(2)(a)Section 80P(2)(d)

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI MANISH BORAD, ACCOUNTANT MEMBER AND SHRI VINAY BHAMORE

Proxima Creations, Pune vs. PCIT, Pune-2, Pune

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

ITA 1041/PUN/2024[2018-19]Status: DisposedITAT Pune03 Jun 2025AY 2018-19

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1041/Pun/2024 िनधा"रण वष" / Assessment Year : 2018-19 Proxima Creations, Vs. Pcit, Pune-2. Prop. -1, Business Centre, Level-1, Senapati Bapat Road, Pune- 411016. Pan : Aakfp9790Q Appellant Respondent Assessee By : None Revenue By : Shri Ajay Kumar Keshari Date Of Hearing : 08.04.2025 Date Of Pronouncement : 03.06.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 13.03.2024 Passed By Ld. Pcit, Pune-2 [Ld. Pcit’] For The Assessment Year 2018-19. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. Order Passed By The Ld. Principal Cit U/S 263 Is Not Tenable Either In Law Or In The Facts Of The Case As The Order Passed By The Ao U/S 144 Did Not Contain Any Error Which Was Prejudicial To The Interest Of Revenue. 2. Order Passed By The Additional Principal Cit U/S 263 Is Bad In Law Being Violative Of Principle Of Natural Justice. 3. The Ld. Principal Cit Has Erred In Holding That Two Different Sets Of Profit & Loss Accounts Were Prepared By The Assessee.

For Appellant: NoneFor Respondent: Shri Ajay Kumar Keshari
Section 143(2)Section 144Section 263Section 45(4)

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI MANISH BORAD, ACCOUNTANT MEMBER AND SHRI VINAY BHAMORE

Income Tax Officer, Delhi vs. Gsp Power Systems Pvt. Ltd., Delhi

Accordingly, the appeal fails and is dismissed

ITA 1273/DEL/2024[2018-19]Status: DisposedITAT Delhi03 Jun 2025AY 2018-19

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalassessment Year: 2018-19 Vs. Gsp Power Systems Pvt. Ltd., Income Tax Officer, New Delhi 22, 3Rd Floor, Main Market, Moti Nagar, New Delhi Pan: Aaccg0581H (Appellant) (Respondent) With C.O. No.40/Del/2024 [Arising Out Of Ita No.1273/Del/2024] Assessment Year: 2018-19 Gsp Power Systems Pvt. Vs. Income Tax Officer, Ltd., Ward-10(1), 22, 3Rd Floor, Main Market, New Delhi Moti Nagar, New Delhi Pan: Aaccg0581H (Appellant) (Respondent) Assessee By Dr. Rakesh Gupta, Adv. Sh. Somil Agarwal, Adv. Department By Ms. Suman Malik, Cit(Dr) Date Of Hearing 03.06.2025 Date Of Pronouncement 03.06.2025 Order Per Satbeer Singh Godara, Jm This Revenue’S Appeal Ita No.1273/Del/2024 & Assessee’S Cross Objection C.O. No. 40/Del/2024 For Assessment Year 2018- 19, Arises Against The Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre [In Short, The “Cit(A)/Nfac”], Delhi’S Din & Order No. Itba/Nfac/S/250/2023-24/1060727888(1), Dated 09.02.2024, Involving Proceedings Under Section 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’). Heard Both The Parties. Case Files Perused. 2. We Notice At The Outset That The Assessee’S Cross Objection Herein C.O. No. 40/Del/2024 Goes To The Root Of The Matter Since Challenging Validity Of The Impugned Assessment Itself Framed By The Learned Assessing Authority On 31St May, 2021. This Is For The Precise Reason That The Assessee’S Case Was Taken Up For Scrutiny On The Twin Issues Of Non-Furnishing Of Quantitative Details & “Investments/Advances/Loans” Whereas It Ended Up In Adding An Amount Of Rs.12,59,97,711/- As Unexplained Cash Credits Under Section 68/69A Of The Act, Which Stands Deleted In The Lower Appellate Discussion. This Is What Leaves The Revenue & The Assessee Aggrieved Who Have Filed Their Instant Appeal & Cross Objection; Respectively.

Section 143(2)Section 143(3)Section 68

issues not mentioned in limited scrutiny were beyond jurisdiction of the Assessing Officer as the scrutiny assessment was selected for limited scrutiny under Section 143(2) and not complete scrutiny. The Department objected to the additional ground which were raised by the appellant before the Tribunal. However, the learned Tribunal