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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)

Singur Thana Lspa Co-Operative Marketing Society Ltd, Kolkata vs. ITO, Hooghly

In the result, all the three appeals of the assessee are allowed

ITA 970/KOL/2023[2018-19]Status: DisposedITAT Kolkata21 Apr 2025AY 2018-19

Bench: Shri Rajesh Kumarआयकर अपील सं/Ita No.968-970/Kol/2023 ("नधा"रण वष" / A.Yrs. : 2014-2015, 2017-2018 & 2018-2019) Singur Thana Lspa Vs Ito, Ward-23(2), Hooghly Cooperative Marketing Society Limited, C/O S.N.Ghosh&Associates,Advs 2, Garstin Place, 2Nd Floor, Suite No.203, Off Hare Street, Kolkata-700001 Pan No. :Aabas0029 B (अपीलाथ" /Appellant) (""यथ" / Respondent) .. "नधा"रतीक"ओरसे /Assessee By : Shri Somnath Ghosh & Sarnath Ghosh, Advocates राज"वक"ओरसे /Revenue By : Ms. Madhumita Sas, Addl.Cit सुनवाई क" तार"ख / Date Of Hearing : 17/04/2025 घोषणा क" तार"ख/Date Of Pronouncement : 21/04/2025 आदेश / O R D E R These Are The Appeals Filed By The Assessee Against The Separate Orders All Dated 15.03.2023, Passed By The Ld. Cit(A), National Faceless Appeal Centre, (Nfac), Delhi For The Assessment Year 2014-2015, 2017- 2018 & 2018-2019. 2. As Per The Office Record, It Is Found That All The Three Appeals Of The Assessee Are Filed Belatedly By 120 Days Each. Looking To The Facts & Circumstances Of The Case, We Condone The Delay Of 120 Days Each In Fling All The Three Appeals & The Appeals Are Admitted For Adjudication.

For Appellant: Shri Somnath GhoshFor Respondent: Ms. Madhumita Sas, Addl.CIT
Section 143(2)Section 143(3)

आयकर अपील"य अ"धकरण,“एस.एम.सी” "यायपीठ,कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, KOLKATA BEFORE

Singur Thana Lspa Co-Operative Marketing Society Ltd, Kolkata vs. ITO, Hooghly

In the result, all the three appeals of the assessee are allowed

ITA 969/KOL/2023[2017-18]Status: DisposedITAT Kolkata21 Apr 2025AY 2017-18

Bench: Shri Rajesh Kumarआयकर अपील सं/Ita No.968-970/Kol/2023 ("नधा"रण वष" / A.Yrs. : 2014-2015, 2017-2018 & 2018-2019) Singur Thana Lspa Vs Ito, Ward-23(2), Hooghly Cooperative Marketing Society Limited, C/O S.N.Ghosh&Associates,Advs 2, Garstin Place, 2Nd Floor, Suite No.203, Off Hare Street, Kolkata-700001 Pan No. :Aabas0029 B (अपीलाथ" /Appellant) (""यथ" / Respondent) .. "नधा"रतीक"ओरसे /Assessee By : Shri Somnath Ghosh & Sarnath Ghosh, Advocates राज"वक"ओरसे /Revenue By : Ms. Madhumita Sas, Addl.Cit सुनवाई क" तार"ख / Date Of Hearing : 17/04/2025 घोषणा क" तार"ख/Date Of Pronouncement : 21/04/2025 आदेश / O R D E R These Are The Appeals Filed By The Assessee Against The Separate Orders All Dated 15.03.2023, Passed By The Ld. Cit(A), National Faceless Appeal Centre, (Nfac), Delhi For The Assessment Year 2014-2015, 2017- 2018 & 2018-2019. 2. As Per The Office Record, It Is Found That All The Three Appeals Of The Assessee Are Filed Belatedly By 120 Days Each. Looking To The Facts & Circumstances Of The Case, We Condone The Delay Of 120 Days Each In Fling All The Three Appeals & The Appeals Are Admitted For Adjudication.

For Appellant: Shri Somnath GhoshFor Respondent: Ms. Madhumita Sas, Addl.CIT
Section 143(2)Section 143(3)

आयकर अपील"य अ"धकरण,“एस.एम.सी” "यायपीठ,कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, KOLKATA BEFORE

Singur Thana Lspa Co-Operative Marketing Society Ltd, Kolkata vs. ITO, Hooghly

In the result, all the three appeals of the assessee are allowed

ITA 968/KOL/2023[2014-15]Status: DisposedITAT Kolkata21 Apr 2025AY 2014-15

Bench: Shri Rajesh Kumarआयकर अपील सं/Ita No.968-970/Kol/2023 ("नधा"रण वष" / A.Yrs. : 2014-2015, 2017-2018 & 2018-2019) Singur Thana Lspa Vs Ito, Ward-23(2), Hooghly Cooperative Marketing Society Limited, C/O S.N.Ghosh&Associates,Advs 2, Garstin Place, 2Nd Floor, Suite No.203, Off Hare Street, Kolkata-700001 Pan No. :Aabas0029 B (अपीलाथ" /Appellant) (""यथ" / Respondent) .. "नधा"रतीक"ओरसे /Assessee By : Shri Somnath Ghosh & Sarnath Ghosh, Advocates राज"वक"ओरसे /Revenue By : Ms. Madhumita Sas, Addl.Cit सुनवाई क" तार"ख / Date Of Hearing : 17/04/2025 घोषणा क" तार"ख/Date Of Pronouncement : 21/04/2025 आदेश / O R D E R These Are The Appeals Filed By The Assessee Against The Separate Orders All Dated 15.03.2023, Passed By The Ld. Cit(A), National Faceless Appeal Centre, (Nfac), Delhi For The Assessment Year 2014-2015, 2017- 2018 & 2018-2019. 2. As Per The Office Record, It Is Found That All The Three Appeals Of The Assessee Are Filed Belatedly By 120 Days Each. Looking To The Facts & Circumstances Of The Case, We Condone The Delay Of 120 Days Each In Fling All The Three Appeals & The Appeals Are Admitted For Adjudication.

For Appellant: Shri Somnath GhoshFor Respondent: Ms. Madhumita Sas, Addl.CIT
Section 143(2)Section 143(3)

आयकर अपील"य अ"धकरण,“एस.एम.सी” "यायपीठ,कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, KOLKATA BEFORE

Mr. Anil Bherumal Kalal, Mumbai vs. ITO -19(2)(1), Mumbai

In the result, substantial ground of appeal raised by assessee is allowed

ITA 1189/MUM/2025[2006-07]Status: DisposedITAT Mumbai21 Apr 2025AY 2006-07

Bench: Shri Pawan Singh(Physical Hearing) Mr. Anil Bherumal Kalal Ito – 19(2)(1), Mumbai A-602, Pooja Enclave, S T Braz Road, Kautilya Bhavan, Bkc, Vs. Behind Nanavati Hospital, Vile Parle Bandra (East), Mumbai – West, Mumbai-400056. 400051. Pan: Aabpk 3216 B (Appellant) (Respondent) Assessee By : Shri Subhash Chhajed, Ar Revenue By : Ms. Pradnya Gholap, Sr. Dr Date Of Hearing : 16.04.2025 Date Of Pronouncement : 16.04.2025 Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. This Appeal By Assessee Is Directed Against The Order Of Ld. Cit(A) Dated 30.12.2024 For A.Y. 2006-07. The Assessee Has Raised The Following Grounds Of Appeal: “Validity Of The Notice Under Section 143(2) Of The Act & The Assessment Thereunder: 1.A) On The Facts & In The Circumstances Of The Case & In Law, The Learned Commissioner Of Income Tax (Appeals) [Cit (A)] Erred In Upholding The Assessment For The Assessment Year 2006-07 Framed By The Learned Assessing Officer Without Complying With The Relevant Provisions Of The Law. B) It Is Respectfully Submitted That No Notice Under Section 143(2) Of The Act Was Served On The Appellant Within The Time Limits Prescribed Under Section 143(2) Of The Act. Accordingly, The Learned Assessing Officer Had No Jurisdiction To Proceed With Scrutiny Assessment Under Section 143(3) Of The Act. Thus, The Assessment Is Bad In Law & Deserves To Be Quashed & Struck Down As Null & Void. In View Of The Above, The Appellant Prays That The Assessment Be Set Aside As Bad In Law & Struck Down As Null & Void.

For Appellant: Shri Subhash Chhajed, ARFor Respondent: Ms. Pradnya Gholap, Sr. DR
Section 143(2)Section 143(3)Section 144Section 254(1)Section 54FSection 69

dated 30.12.2024 for A.Y. 2006-07. The assessee has raised the following grounds of appeal: “VALIDITY OF THE NOTICE UNDER SECTION 143(2) OF THE ACT AND THE ASSESSMENT THEREUNDER: 1.a) On the facts and in the circumstances of the case and in law, the learned Commissioner of Income ... learned Assessing Officer without complying with the relevant provisions of the law. b) It is respectfully submitted that no notice under Section 143(2) of the Act was served on the Appellant within the time limits prescribed under Section 143(2) of the Act. Accordingly, the learned Assessing Officer