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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)

M/S. Prajapati Commodities Pvt. Ltd., Kolkata vs. ITO, Ward 5(2), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 312/KOL/2025[2010-11]Status: DisposedITAT Kolkata14 May 2025AY 2010-11

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.312/Kol/2025 Assessment Year: 2010-11 M/S Prajapati Commodities Pvt. Ltd.…………………………..….……….Appellant 51, Vivekanda Road, 2Nd Floor, Kolkata-1. [Pan: Aaecp2927L] Vs. Ito, Ward-5(2), Kolkata……………....................……........……...…..…..Respondent Appearances By: None Appeared On Behalf Of The Assessee. Shri Kallol Mistry, Jcit, Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : May 13, 2025 Date Of Pronouncing The Order : May 14, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 09.01.2025 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 Time Of Hearing, No One Appeared On Behalf Of The Assessee, Although Notices Were Served From The Registry To The Assessee. We Cannot Keep This Appeal Pending For Inordinate Delay For Adjudication; Therefore, We Feel It Necessary To Decide This Appeal On The Basis Of Material Available On Record & With The Assistance Of The Ld. Dr.

Section 143(2)Section 144Section 147Section 250

आयकर अपील"य अ"धकरण, कोलकाता पीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH KOLKATA Before Shri Sonjoy

Income Tax Officer, Non-Corporate Ward 19(4), Chennai vs. Parvathy Ayyavu, Chennai

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

ITA 1352/CHNY/2024[2013-14]Status: DisposedITAT Chennai14 May 2025AY 2013-14

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No. 1352/Chny/2024 िनधा"रण वष"/Assessment Year: 2013-14 The Income Tax Officer, Vs. Parvathy Ayyavu, 35/17, 11Th Avenue, Ashok Nagar, Non Corporate Ward 19(4), Chennai. Chennai 600 083. [Pan:Afgpa2173P] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri P. Krishna Kumar, Jcit ""थ" की ओर से/Respondent By : None सुनवाई की तारीख/ Date Of Hearing : 06.05.2025 घोषणा की तारीख /Date Of Pronouncement : 14.05.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Revenue Is Directed Against The Order Dated 31.01.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals)/ National Faceless Appeal Centre, Delhi For The Assessment Year 2013-14. 2. We Note That This Appeal Was Filed On 07.05.2024 & After Scrutiny; The Registry Fixed The Appeal For Hearing On 29.07.2024. Accordingly, A Notice Dated 12.06.2024 Issued To The Respondent-

For Appellant: Shri P. Krishna Kumar, JCITFor Respondent: None
Section 143(1)Section 143(2)Section 143(3)

total income of ₹.5,84,860/-, which was accepted vide intimation under section 143(1) of the Act. Thereafter, under scrutiny, notices under section 143(2) and 142(1) of the Act were issued. According to the Assessing officer, the assessee was represented by Chartered Accountant, but, could not furnish ... available on record. On perusal of the assessment order, we note that the assessee appointed her authorized representative after receipt of notices under section 143(2) and 142(1) of the Act. The Assessing Officer clearly recorded that the assessee could not furnish any details regarding the points raised