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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)

Gopal Krishan, Vill Amtrar vs. Income Tax Officer, Ward-Dharmshala

In the result, appeal of the Assessee is partly allowed

ITA 675/CHANDI/2023[2017-18]Status: DisposedITAT Chandigarh11 Apr 2025AY 2017-18

Bench: SHRI. RAJPAL YADAV (Vice President), SHRI. KRINWANT SAHAY, AM आयकर अपील सं. / ITA No.675 /Chd/2023 निर्धारण वर्ष / Assessment Year : 2017-18 | Gopal Krishan, | बनाम | The ITO SuneharNagrota, Bagwan | Kangra | | Dharamshala, Himachal | Pradesh Himachal Pradesh-176056 स्थायीलेखासं . / PAN NO: DQOPK4266F अपीलार्थी/Appellant प्रत्यर्थी/Respondent निर्धारिती की ओर से/Assessee by : Ms. Vidhi Malhotra, Advocate राजस्वकी ओर से / Revenue by : Shri Vivek Vardhan, Addl. CIT सुनवाई की तारीख / Date of H

For Appellant: Ms. Vidhi Malhotra, AdvocateFor Respondent: Shri Vivek Vardhan, Addl. CIT
Section 142(1)Section 143(2)Section 144Section 69A

declaring an income of Rs. 2,96,090/-. The case was selected for scrutiny, and the Assessing Officer (AO) issued multiple notices under Sections 143(2) and 142(1) of the Income Tax Act, 1961, seeking explanations for cash deposits totaling Rs.10,59,980/- during the demonetization period ... declaring Income of Rs., 2,96,090/- on 26/08/2019. The Appellant’s case was selected for scrutiny 4 and notice under section 143(2) of Income Tax Act, 1961 was generated through an online system of the Income Tax Department. Notice u/s 142(1) of the IT Act, 1961 along

Dy. Commissioner of Income Tax, Central Circle-1, Aurangabad vs. Sydler Remedies Pvt Ltd, Aurangabad

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

ITA 1274/PUN/2024[2018]Status: DisposedITAT Pune09 Apr 2025

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1274/Pun/2024 िनधा"रण वष" / Assessment Year : 2018-19 Dcit, Central Circle-1, Vs. Sydler Remedies Pvt. Ltd., Aurangabad. M-190, Midc, Waluj, Aurangabad- 431002. Pan : Aaics3879E Appellant Respondent Revenue By : Shri Arvind Desai Assessee By Shri Kishor B. Phadke : Date Of Hearing 16.01.2025 : Date Of Pronouncement : 09.04.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Revenue Is Directed Against The Order Dated 08.04.2024 Passed By Ld. Cit(A), Pune-12 [‘Ld. Cit(A)’] For The Assessment Year 2018-19. 2. The Revenue Has Raised The Following Grounds Of Appeal :- “1. Whether On The Facts & In The Circumstances Of The Case, The Ld. Cit (A) Has Erred In Law & In Facts By Deleting The Addition Made As Per Provisions Of Section 698 R.W.S. 115Bbe Of The 1.T. Act On Declaration Made Of Rs. 5,88,00,000/- On Account Of Excess Stock Found During Survey For Which Assessee Failed To Offer Any Satisfactory Explanation During The Survey As Well As Assessment Proceedings.

For Respondent: Shri Arvind Desai
Section 115BSection 131Section 133ASection 142(1)Section 143(2)Section 143(3)Section 37Section 698Section 69B

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND SHRI VINAY