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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)

Guru Nanak Mission Trust, Hyderabad vs. DCIT., Exemption Circle-1(1), Hyderabad

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 974/HYD/2024[2018-2019]Status: DisposedITAT Hyderabad13 Feb 2025AY 2018-2019

Bench: Shri K. Narasimha Chary & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.974/Hyd/2024 (निर्धारण वर्ा/Assessment Year:2018-19) Guru Nanak Mission Trust, Dy. Commissioner Of Vs. Hyderabad. Income Tax-Exemption, Pan:Aabtg0502G Circle 1(1), Hyderabad. (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri Mohd. Fakhruddin, C.A. रधजस्‍व द्वधरध/Revenue By:: Shri Srinath Sadanala, Sr-Dr सुिवधई की तधरीख/Date Of 30/01/2025 Hearing: घोर्णध की 13/02/2025 तधरीख/Pronouncement: आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Guru Nanak Mission Trust (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)”), Dated 31.07.2024 For The A.Y. 2018-19. 2. The Assessee Has Raised The Following Grounds :

For Appellant: Shri Mohd. Fakhruddin, C.AFor Respondent: : Shri Srinath Sadanala, SR-DR
Section 11Section 11(2)Section 11(5)Section 143(2)Section 143(3)

आयकर अपीलीय अधिकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘A’ Bench, Hyderabad BEFORE SHRI K. NARASIMHA CHARY

Assistant Commisioner of Income Tax Central Circle-3(4), Hyderabad vs. Asma Estates & Investments Private Limited, Hyderabad

In the result, appeal filed by the Revenue is dismissed

ITA 37/HYD/2021[2011-12]Status: DisposedITAT Hyderabad13 Feb 2025AY 2011-12

Bench: Shri Manjunatha G. & Shri K.Narsimha Charyआ.अपी.सं /Ita No.37/Hyd/2021 To 39/Hyd/2021 (निर्धारण वर्ा/Assessment Year: 2011-12, 2013-14 & 2014-15) Asst.Commissioner Of Vs. M/S Asma Estates & Income Tax Investments Pvt.Ltd. Central Circle-3(4) Secunderabad Hyderabad [Pan : Aaica2191F] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri P.Murali Mohan Rao,Ar रधजस् व द्वधरध/Revenue By: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 21/11/2024 घोर्णध की तधरीख/Date Of 13/02/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: These Appeals Filed By The Revenue Are Directed Against Order Dated 11.09.2020 Of The Commissioner Of Income Tax (Appeals) [“Ld.Cit(A)”]-11, Hyderabad Pertaining To A.Y.2011-12, 2013-14 & 2014-15. Since, Facts Are Identical & Issues Are Common, For The Sake Of Convenience, The Appeals Filed By The Revenue Are Being Heard Together & Are Being Disposed Off, By This Common Order.

For Appellant: Shri P.Murali Mohan Rao,ARFor Respondent: Shri Srinath Sadanala, DR
Section 132Section 143(1)Section 153ASection 153C

आयकर अपीलीय अधिकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘A’ Bench, Hyderabad Before Shri Manjunatha G., Accountant

Alcom Investment Pvt Ltd, Mumbai vs. Income Tax Officer, Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 1366/KOL/2024[2017-2018]Status: DisposedITAT Kolkata13 Feb 2025AY 2017-2018

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.1366/Kol/2024 Assessment Year: 2017-18 Alcom Investment Pvt. Ltd..………………………………………..….……….Appellant 10Th Floor, Gold Crest, Ns Road No.10, Jvpd Scheme, Vile Parle (W), Mumbai-400049. [Pan: Aaccg1658B] Vs. Ito, Ward-12(1), Kolkata………................................……........……...…..…..Respondent Appearances By: Shri Deepak Shaha, Ar, Appeared On Behalf Of The Assessee. Shri Archana Gupta, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : February 12, 2025 Date Of Pronouncing The Order : February 13, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 29.05.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Brief Facts Of The Case Are That The Assessee Company Is Engaged In The Business Of Trading In Shares & Financing Loans. The Assessee Has Filed Its Return Of Income For Assessment Year 2017-18 On 03.11.2017 Declaring Income Of Rs.15,16,410/-. The Case Of The Assessee Was Selected For Scrutiny & During The Assessment Proceedings, It Was Observed That The Assessee Had Received An Advance Of Rs.20,00,000/- From M/S Mars Fincom Pvt. Ltd. In The Financial Year 2016-17. It Was Noted By The Assessing Officer That The Lender Was A Sister Concern Of Assessee & Held 16.21% Shares In It. Several Notices Were Issued To The Assessee During The Assessment Proceedings But There Was No Proper

Section 143(2)Section 144Section 147Section 2(22)(e)Section 250

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