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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)

Mr. Jobanji Thakor, Ahmedabad vs. The ITO. Ward-3(2)(2), Ahmedabad

Appeal is partly allowed

ITA 264/AHD/2019[2015-16]Status: DisposedITAT Ahmedabad26 Feb 2025AY 2015-16

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita No.264/Ahd/2019 निर्धारण वर्ष / Assessment Year : 2015-16 Mr. Jobanji Thakor The Ito F-40, Abugiri Society बनाम / Ward-3(2)(2) Tal. Daskroi, Jagatpur V/S. Ahmedabad Ahmedabad - 382 470 स्थायी लेखा सं./Pan: Aknpt 2930 M (अपीलार्थी/ Appellant) (प्रत्यर्थी / Respondent) Assessee By: Shri Mehul K. Patel, Ar Revenue By : Shri A.P. Singh, Cit-Dr सुनवाई की तारीख/Date Of Hearing 19/02/2025 घोषणा की तारीख / Date Of Pronouncement: 26/02/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: This Appeal By The Assessee Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals)-3, Ahmedabad [Hereinafter Referred To As “Cit(A)"] Dated 28.12.2018, Confirming The Assessment Order Dated 29.12.2017 Passed By The Assessing Officer [Hereinafter Referred To As “Ao”] Under Section 143(3) Of The Income Tax Act, 1961 [Hereinafter Referred To As "The Act"] For The Assessment Year (Ay) 2015-16.

For Appellant: Shri Mehul K. Patel, ARFor Respondent: Shri A.P. Singh, CIT-DR
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 2(14)(iii)Section 54B

sale consideration shown in the Income Tax Return (ITR) was lower than the valuation by the Stamp Duty Authority. Consequently, notice under Section 143(2) of the Act was issued on 18.09.2017 and served via speed post, with a hearing fixed on 03.10.2017. Subsequently, notice under Section

M/S. Exhibits India Pvt. Ltd., Kolkata vs. A.C.I.T., CC - 4(1), Kolkata

The appeal of the assessee is allowed

ITA 2481/KOL/2024[2016-2017]Status: DisposedITAT Kolkata26 Feb 2025AY 2016-2017

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.2481/Kol/2024 Assessment Year: 2016-17 M/S Exhibits India Pvt. Ltd. .……………………………………..….……….Appellant P-496, Keyatala Road, Kolkata – 700029. [Pan: Aabce1359C] Vs. Acit, Central Circle-4(1), Kolkata….…….............……........……...…..…..Respondent Appearances By: Shri S. K. Tulsiyan, Advocate & Jyoti Dugar, Ar, Appeared On Behalf Of The Assessee. Shri Sailen Samadder, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : February 25, 2025 Date Of Pronouncing The Order : February 26, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 09.09.2024 Of The Commissioner Of Income Tax (Appeals)-27, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. At The Outset, The Registry Has Informed That There Is A Delay Of 6 Days In Filing The Present Appeal. The Assessee Filed An Application For Condonation Of Delay Stating Reasons For Such Delay. After Considering The Application, We Find Reasonable Cause & The Delay Was Not Intentional. We, Therefore, Condone The Delay In Filing The Appeal & Adjudicate The Appeal On Merits Of The Case. 3. The Assessee In The Instant Appeal Has Raised Various Grounds But The Primary Issue Under Consideration Is That An Addition Made By The Assessing Officer U/S 40A(3) Of The Act Alleging The Violation Of Provision Of Cash Payment & Whether The Assessment Made U/S 153A R.W.S.

Section 132(1)Section 133ASection 143(3)Section 153ASection 250Section 40A(3)

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

M/S. Manali Petrochemicals Ltd., Chennai vs. ACIT, Corporate Circle-1, Ltu, Chennai

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

ITA 2488/CHNY/2024[2017-18]Status: DisposedITAT Chennai26 Feb 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.2488/Chny/2024 िनधा"रण वष"/Assessment Year: 2017-18 M/S. Manali Petrochemicals Limited, Vs. The Assistant Commissioner Of No. 88 Spic House, Mount Road, Income Tax, Guindy, Chennai 600 032. Corporate Circle -1, Ltu, Chennai. [Pan:Aaacm3404D] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri P.V. Sudakar, Ca ""थ" की ओर से/Respondent By : Smt. Gouthami Manivasagam Jcit सुनवाई की तारीख/ Date Of Hearing : 10.02.2025 घोषणा की तारीख /Date Of Pronouncement : 26.02.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 30.05.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2017-18. 2. We Find That This Appeal Is Filed With A Delay Of 57 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit, We Find The Reasons Stated By The Assessee Are Bonafide, Which Really

For Appellant: Shri P.V. Sudakar, CAFor Respondent: Smt. Gouthami Manivasagam JCIT
Section 142(1)Section 143(2)Section 143(3)Section 14A

trading of petrochemical products. The assessee filed return of income declaring total income of ₹.42,42,23,100/-. Under scrutiny, notices under section 143(2) of the Act and section 142(1) of the Act were issued. In the scrutiny proceedings, the assessee was asked to show-cause why provisions

Assistant Commissioner of Income Tax, Chennai vs. Mulliambal Rathnasamy Pitchakannu Eraavanan, Chennai

In the result, both the appeal filed by the Revenue and the Cross

ITA 1810/CHNY/2024[2009-10]Status: DisposedITAT Chennai26 Feb 2025AY 2009-10

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.1810/Chny/2024 िनधा"रण वष"/Assessment Year: 2009-10 & C.O. No. 74/Chny/2024 [In Ita No. 1810/Chny/2024] The Assistant Commissioner Of Vs. Shri Arvind E & Mrs. Baskaravalli Income Tax, Central Circle 2(2), (Legal Heir Of Late Shri Mrp Investigation Building, Eraavanan), No. 4, Rice Mill Road, Chennai. Erimedu, Ramanathapuram, Coimbatore 641 045. [Pan:Aaape5554D] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Sundar Rajan, Cit ""थ" की ओर से/Respondent By : Shri C. Khathiravan, Advocate सुनवाई की तारीख/ Date Of Hearing : 11.02.2025 घोषणा की तारीख /Date Of Pronouncement : 26.02.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Revenue Is Directed Against The Order Dated 30.04.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), Chennai-19, Chennai For The Assessment Year 2009-10. 2. At The Outset, The Ld. Dr Shri S. Sundar Rajan, Cit Drew Our Attention To Additional Grounds Raised By The Appellant – Revenue. He Submits That The Order Of The Ld. Cit(A) Is Erroneous On Facts Of The Case

For Appellant: Shri S. Sundar Rajan, CITFor Respondent: Shri C. Khathiravan, Advocate
Section 159Section 2

आयकर अपीलीय अिधकरण, ’बी’ "ायपीठ, चे"ई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘B’ BENCH, CHENNAI "ी एस.एस. िव"ने