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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)

Gujarat State Electricity Corporation Ltd, Vadodara vs. The Pr. CIT-1, Vadodara

In the result, the appeal of the assessee is dismissed

ITA 572/AHD/2020[2015-16]Status: DisposedITAT Ahmedabad08 Apr 2025AY 2015-16

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.572/Ahd/2020 िनधा"रण वष" /Assessment Year : 2015-16 Gujarat State Electricity The Pr.Cit-1 Corporation Ltd. बनाम/ Vadodara – 390 015 Sardar Patel Vidhyut Bhavan V/S. Race Course Circle Vadodara – 390 007 "थायी लेखा सं./Pan: Aaacg 6864 F अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Manish J. Shah & Shri Jimi Patel, Ars Revenue By : Shri A.P. Singh, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 02/04/2025 घोषणा की तारीख /Date Of Pronouncement: 08/04/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Manish J. Shah &For Respondent: Shri A.P. Singh, CIT-DR
Section 115JSection 139(1)Section 139(5)Section 142(1)Section 143(2)Section 143(3)Section 14ASection 263

115JB of the Act was declared at Rs.2,51,70,02,648/-. 2.1. The case was selected for scrutiny and a notice under section 143(2) of the Act was issued on 21.09.2016. Subsequently, notices under section 142(1) of the Act along with questionnaires were issued ... section 143(3) of the Act, is legally unsustainable, inasmuch as the said order was passed without issuance of a fresh notice under section 143(2) of the Act subsequent to the filing of a revised return under section 139(5) of the Act on 11.01.2017. It is the case

Sachin Jagdishprasad Agarwal, Pune vs. Income Tax Officer, Pune

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1567/PUN/2024[2017-18]Status: DisposedITAT Pune08 Apr 2025AY 2017-18

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1567/Pun/2024 िनधा"रण वष" / Assessment Year : 2017-18 Sachin Jagdishprasad Agarwal, Vs. Ito, Ward-6(5), Pune. O.No.2, Metropole, Near Inox Multiplex, Bund Garden Road, Pune- 411001. Pan : Aappa6250R Appellant Respondent Assessee By : Shri Krishna Gujarathi Revenue By : Shri Arvind Desai Date Of Hearing : 15.01.2025 Date Of Pronouncement : 08.04.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 27.05.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2017-18. 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) Has Erred In Confirming The Addition Made By Ao To The Tune Of Rs.13,20,000 Made Under Section 69A On Account Of Cash Deposited During The Demonetization Period In His Bank Account Out Of The Opening Cash Balance Available With Him Which Has Been Arbitrarily Alleged To Be Unexplained. The Appellant Hereby Prays That The Disallowance Of Rs. 13,20,000/- May Please Be Deleted.

For Appellant: Shri Krishna GujarathiFor Respondent: Shri Arvind Desai
Section 143(2)Section 144Section 69A

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