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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)

Arun Tyagi, Ghaziabad vs. ITO, Ward-1(1), Ghaziabad

In the result, appeal filed by the assessee is partly allowed

ITA 5489/DEL/2024[2011-12]Status: DisposedITAT Delhi09 May 2025AY 2011-12

Bench: Shris.Rifaur Rahmanarun Tyagi, Vs. Ito, Ward 1 (1), C/O Ch. No.206-207, Ansal Satyam, Ghaziabad. Rdc, Rajnagar, Ghaziabad – 201 002 (Uttar Pradesh). (Pan : Awdpa3342A) (Appellant) (Respondent) Assessee By : Shri Akhilesh Kumar, Advocate Revenue By : Shri B.S. Anand, Sr. Dr Date Of Hearing : 03.03.2025 Date Of Order : 09.05.2025 O R D E R 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi [“Ld. Cit(A)”, For Short] Dated 25.09.2024 For The Assessment Year 2011-12 Raising Following Grounds Of Appeal :- “1 Because, The Order Of Learned Lower Authority Is Bad In Law & Against The Facts & Circumstance Of The Case. 2. Because, Ld. Cit (A) Grossly Erred In Sustaining The Impugned Order & Validity Of Proceedings As 'Reason' Became Non-Existent & Admittedly Ld. Ao Has Made No Addition On The Reason For Issuance Of Notice U/S 148, Hence Subsequent Proceedings/Other Additions Are Illegal In View Of Ration Of Oriental Bank Of Commerce - 99 Taxmann.Com 312 (Sc), 49 Taxmann.Com 485 (Del.) Etc.

For Appellant: Shri Akhilesh Kumar, AdvocateFor Respondent: Shri B.S. Anand, Sr. DR
Section 133Section 133(6)Section 143(2)Section 148Section 151

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘SMC’: NEW DELHI BEFORE SHRIS.RIFAUR RAHMAN, ACCOUNTANT MEMBER Arun Tyagi, vs. ITO

Prem Singh, Faridabad vs. Income Tax Officer, Ward-2(1), Faridabad

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

ITA 4043/DEL/2024[2011-12]Status: DisposedITAT Delhi09 May 2025AY 2011-12

Bench: Shris.Rifaur Rahmanprem Singh, Vs. Ito, Ward 2 (1), H.No.225, Sector 45, Faridabad. Faridabad – 121 010 (Haryana). (Pan : Aezps5030F) (Appellant) (Respondent) Assessee By : Shri Bhupinderjit, Advocate Revenue By : Shri B.S. Anand, Sr. Dr Date Of Hearing : 05.03.2025 Date Of Order : 09.05.2025 O R D E R 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi [“Ld. Cit(A)”, For Short] Dated 03.07.2024 For The Assessment Year 2011-12. 2. Brief Facts Of The Case Are, The Case Of The Assessee Was Reopened On The Basis Of Individual Transaction Statement Available On The Action Management System Of The Itd That Assessee Has Deposited Cash Aggregating To Rs.19,87,000/- In His Bank Account Maintained With Icici Bank Ltd. Bearing Account No.004601009337. Accordingly, Notices Were Issued To The Assessee Under Section 148 Of The Income-Tax Act, 1961 (For Short ‘The Act’). In Response, Assessee Submitted That The Return Filed On 30.07.2011 May Be Treated As Return

For Appellant: Shri Bhupinderjit, AdvocateFor Respondent: Shri B.S. Anand, Sr. DR
Section 142(1)Section 143(2)Section 147Section 148Section 69A

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘SMC’: NEW DELHI BEFORE SHRIS.RIFAUR RAHMAN, ACCOUNTANT MEMBER Prem Singh, vs. ITO